I. The Definition of the Subject, and the Extent of the whole work.

HAving propounded the Subject of our Treatise in the Title hereof, to avoid Ob­scurity; 'twill be necessary to Trace out the Foundation, and draw a Platform of the whole Work, ere we lay hand unto the Structure. In Order to our Proposi­tion, First to distinguish what a Minister of State is; then to consider Him in his Per­son and Endowments, both External and Internal, then in His Office, and several Objects thereof, both National and Foreign.

Persueing this Method. The Inscription taken in the Lati­tude of Sence, may seem to imply either Prince, Councillor, or Magistrate; yet strictly examining their Relation to this At­tribute, we shall find neither the Former nor the Latter com­prized in this Denomination. The priviledge of a Prince being rather to Determine then Advise. And the Duty of a Magi­strate simply to dispense the Laws enacted according to the Letter, without consulting of their Nature; we will therefore [Page 2] limit the distinction of a Minister of State under this Notion; He that hath in his Council a peculiar Influence over the affairs of a Common-wealth under what Government soever. But to enlarge farther on the Exposition, though Council be the ground of his Character, yet we exclude him not from the Capacity of Action; or (in Free Common-wealths) of Determining, either Essentially, by force of Reason, or Acidentally by Ad­vantage of Number. Notwithstanding the Nature of his Fun­ction may without either properly subsist, as not inherent to his Ministry.

II. The Principles considerable in his Person, and the Exterior Dependants.
I. Of his Form.

THe Nature of our Subject thus prefigured, we pass to the Consideration of His Person, and in Respect of the Exterior part, and the Dependances thereon, propound these Principles. His Form, Birth, Education, Profession, Age, Pos­sessions, Community, Demeanor, Speech. Though the First Endowment may seem to be a very inconsiderable part of our Subject; yet since it neither wants the usage of Antiquity, nor Practices of modern Times to lend it weight, we will ex­postulate the consequence thereof. From Tradition of Anti­quity, the sacred Letter presents us an authentique proof there­of, in Saul's Election, as pointed out by the hand of the Most High, in the direction of His Prophet, who was so eminent in his Person above the rest of the People, that he exceeded them all in height from the Shoulders upward; which the Prophet in his Presentation inferrs as the ground and warrant of his Election. See you him whom the Lord hath chosen, that there is none like him among all the People. To which distinction agrees the Poets description of the Roman King.

From Modern times we will onely insert that Canibal's An­swer, Mountaigne relates, who being at Rouen, where Charles the Ninth then was, by Interpreter askt what he observed remarkable amongst them, said, He wondred among other things, why they suffered a little Boy to Rule over them, and made not [Page 3] rather choice of one of those goodly Personages about him; mean­ing the Swissers; which Inference, though seeming to mark out but a rude and particular part of the Form, as from a Na­tive not acquainted with the Rules of Civil Policy, having for Object onely the First Principle of Rule, Force: Nor but a peculiar Office, differing from our Subject▪ Yet since the Faculties of the Mind▪ of which this is but a shadow, are equal­ly necessary to Both, we may appropriate generally all Dimen­sions of the Body, indifferently to Either. Ipsi animi magni re­fert quali in corpore locati sint, multa enim è corpore existunt, quae acuent mentem, multa quae obtundunt. It is very material to the exercise of the Soul, what body it is placed in; many things existing from the body, which sharpen, many which may stupifie the mind.

Aristotle hereto intitles the right to Command, affirming the Indians and Aethiopeans, from hence make the Election of their Magistrates and Kings; and Plato thought it necessary to the Conservators of his Common-wealth. To search farther into the ground of such an institution; we must conclude it to be raised from a conjecture, that the exactness of the Form gives either Evidence, that the Matter hath received a more perfect Impression of the Image of the Maker: Or, as the Naturalists say, that the disposition of the Soul answers the dimensions of the Body; as Twinns from one Original, the natural Tempe­rature.

A proof to the first Assertion may be deriv'd from the com­posure of the Word Incarnate, who (though Turtullian's Re­verie hath other ways figured Him) was, without doubt, in his Person the most beautiful among men, according to Pub. Lentu­lus occular Testimony of him to the Roman Senate. The second Inference hath been so frequently found true, that the obser­vation is (among the French) digested to a Proverb, Lesbornes & les boiteux sont tousjours meschants. The Blind and the Lame (meaning naturally) are always vitious. And according to this Rule, the Poets Figured Thersites, which, though it failed much in Socrates Constitution, rendring the Phisiognomist Judgement of Him but ridiculous: yet Socrates repaired again [Page 4] the Dignity of his Art, affirming that He was by Nature such as he had Figur'd Him, but by the industry of His Mind, He had restrained that Propension. For conclusion therefore, since few or none will so much as strugle with one vitious Inclination, it will be far safer, that we should guide our true Election by this Appearance, though but a frail one, subject to corrupti­on, then yet to hazard it in expectation of a Miracle. To which position may possibly be objected, that since we have limitted the Faculty of our Minister in Council, we should as thereto onely proper, prefer the Abilities of the Mind, which common­ly supply the Defects of the Body, before the Integrity of the Manners, which follow but the complement of the Form; there being in matter of Advice more use of Reason then of Virtue. In answer to the first part of the Objection. It may be granted, that ev'n by the advantage of Excess (whereof the extern De­formities are but inherent signs) the soul more perfectly in some intemp'ratures may exercise some one peculiar Faculty of the Intellect, then in any one peculiar Temp'rature, how regu­lar soever, as the predominant Humour is more proper to the usage of the Fancy or the Memory; but withal, becomes thereby inferior and defective in the rest. So that we may af­firm, since by virtue of the Animal Spirits, the Soul produceth her Action, and by how much more pure the Instruments are, by so much more perfect are the effects. The Spirits Animal receiving onely this excellence from the Equality of the Temp'rature, whereof the exactness of the Form is but the Character. It of necessity will follow, that from the agreement of the Elements, must issue the most excellent and pow'rful Harmony of the soul. To the sequel of the Objection, we will only inferr, that it being too obvi­ous to every sense; how frequently frail Man doth make his Reason but a Prostitute to his Lust, not only to the abusing of others, but to the deceiving of Himself; it will be requisite to unite her to an Object nigher her own Nature, to preserve her in her Purity. And conclude, that since the Almighty hath not onely excluded the Impotent, but the Deformed also from His Ministrie; We therein have sufficient warrant, not to admit Him unadvisedly to Ours.

III. Of His Birth.

FRom this Particular, may properly be derived two Bran­ches considerable to the exact discussion of our Subject. The Place and Quality of our Minister's extraction. What con­cerneth the first Distinction, will, questionless not meet a contra­diction; [Page 5] [...] [...] it to be requisite, our Minister be a Native of that Common-wealth, o're whose affai [...]s his Council should preside; insomuch, as every Person hath a Peculiar and innate Affection for the Glory and Prosperity of his proper Nation. Nor are the Natives usually so subject to the jealousie of the People on the Miscariages of publique undertakings, as Ali­ens are accounted. Furthermore, Natives receive many other advantages in their early and frequent Habits, which Aliens commonly are not endued with. As the perfect knowledge of the National Laws, Customs, and Nature of the People, with the Facility and Elegance of the Tongue, to expediate or illustrate their Discourses. The subject of the second Branch inherent to His Parentage; presents to our Examina­tion two Propositions whether our Minister may be accepted from a Noble or Ignoble; from a Detected or Incensed Family. For solution to the first Quaere, we will unfold the Inconveni­ents and Advantages of Either. The onely Benefit Nobility can promise us in His Reception, is to give Lustre and Autho­rity to His Ministry. The Advantage Ignobility presenteth us in His Admittance, is vulgar satisfaction. The First yields, but at most, an Ornament to Rule. The Later but Licentiousness in Rule. The Inconveniences wait on Nobility in Ministers of State, are Iealousie and Faction. As appears between Caesar and Pompey, to the Translation of the Romain Common-wealth. And between Hanno and Hannibal; to the destruction of the Carthaginians. The Disadvantages attend on Ignobility in a Mi­nister of State, are Envy and Contempt, as may be visible in the transaction of Affairs, under the Ministry of * * * * * and Others to the shaking if not hazarding our Own. In the first Ambition moves more Imperceptably., as being more nigh the Object of the Passion. In the later more Impetu­ously, as more removed from the Point it reacheth at; so that the Consequence of our Argument will guide us to a Mean participating of the Nature of both Extreams, as most expedient to the execution of our Ministry.

The second Proposition consisting in Parts of different Nature, we may devide them in our Treaty; and first take that, which moves, whether our Minister may be accepted from a Detected Family. Of which question ere we determine, it will be necessary first to propound Another, whether Mer­cy or Punishment followed the Detection; if Mercy, the utmost Ground of our suspicion can be laid but on the Seeds of In­clination, contracted from the Impressions of Nature, or of Discipline, which reaching to no farther certainty, the Party safely may be joyned to our Ministry; induced by Example of Augustus; who happily convincing Cynna, by his proper Evi­dence [Page 6] of his conspiracy against Him, did both the Crime remit, and readmitted him with such success, that neither yet by him, nor any other ever after, was any Treason, that was visible, or Practis'd, or design'd against Him.

If Punishment hath followed the Detection, the Argument will meet with the divided Sequel of the Question, and run­ning in one Currant, fall under the Capacity of One Solution, under the Figure of Incensed. Although it may admit of some distinction in the Manner; as whether the efficient Cause were Just or Injurious, Direct, or but Collateral, Nigh, or Remote. Yet, since no Observation can prescribe a Limit to Mans Pas­sion being generally o're partial Judges in our own Af­fairs; such Circumstances will afford but little Difference in the Consequence. So that we may herein conclude of Both, under one firme Position, in a general Exclusion of them from our Ministry. The dangerous issue of Indignation in a Minister of State; whether just or unjust, sprung from Injury or Dis­pleasure, are truly figured in Cataline, who, ill-resenting the Disgrace of a Repulse, when he stood to be Candidate in the Pontique Warr, contrived secretly the visible subversion of the State. And was not farr off from effecting it. Like evi­dence may be instanced from Iulian's far more Just, though more unhappy Fury; who on the violation of his Daughter Ca­ba, in his absence, imploy'd on publique exigents, was at Return, possest with so inveterate a hatred against the present Gover­nour and Government, that he forthwith brought in the Moors to Spain; who, there in sundry bloudy Conflicts, being pre­valent, became at length Possessors of the Territories four hun­dred years together. Nor do such like Punctillio's of our Ho­nor produce less violent Passions in remote Successions, They being of such usage in most Common-wealths, That it is held as necessary to the Continuance of their Reputation, to suc­ceed to the Quarrels of their Predecessors, as for the support of their Livelihood, to Administer to their Goods. And though the Fury hereof oftner doth reflect upon some private Family, as the indirect Promoters, or secret Cont [...]ivers of such Inju­ry or Disgrace, then on the Head or Body of the State, from whom it was immediately received. Yet are the Consequen­ces thereof too frequently, as fatal to the One, as to the Other: witness the incensed Proceedure of Arron, who on his Adversary's prevailing against him in a Plea indicted for the Ravishing of his Wife, brought in the Gaules to Italy to the subversion of his Enemies, and Devastation of that Conti­nent.

IV. Of His Education.

THough this Principle unfoldeth many Objects necessary to the forming of our present Subject. Yet since most of them are rather Preparatives, then Polishments, regarding more imme­diately the Interior (which we are not yet come to, then the Ex­terior, that we onely are in Hand with) we will here pass by those Institutions, that are usually proper to the two first Ages: Infancy & Puerillety. And taking our Minister in his Adolescence, propound onely in Reference to our present Subject, these Distinctions, as immediately requisite to His Function. Language, Letters, Travel.

In his first years, while yet the tender Sinews of the Tongue are in the Accent plyant to the Direction of the Ear. And the Judge­ment not yet formed to the use of weightier Sciences. It will be requisite, that our Minister apply himself to the Aquisition of for­reign Languages, such as are useful in Community with the Parts wherein he shall Officiate. And that He may therein attain to what Perfection a stranger can, without Corruption of His Own▪ both in Facility and Propriety. It will be Fit His School should be the proper Nation, and His Instructors the Conversation of the most Pollisht People in the same. Persueing which Method, His Practice herein shall neither be an Obstacle to His weightier Studies for the forming of His Mind. Or His exterior Exer­cises for the fashioning of His Person. There being in most Ca­pital Cities in Forreign Parts both Universities and Academies.

But perhaps some may here cautiously object, that since the whole scope our Subject seems properly to aim at, de­pendeth only on the Sufficience and Integrity of the Mind, which consisting not in the variety of Tongues: such Proce­dure will rather prove to us a Penible, Expensive and useless Curiosity, then any regular or expedient Institution. In which Objection we will pass over the Two first Inconvenients which are but the peculiar Means unto the Acquisition, as too mean Considerations to suspend our Argument; not any thing Material or Excellent, falling in our Capacity to execute or attain without our Industry and Cost. And in Answer to the use, alleadge, that no Treaty, either at Home or Abroad, can with Advantage or Dexterity be menaged, without the Knowledge of the Tongue, and Habits of the Nation where­with we are to Agitate, there being certain Emphasis of Speech and Graces in Action, peculiar to the Expressions and Practice of each Nation, which not rightly distinguisht, may make so great and irreconcileable a Breach; as may possibly frustrate the intention of the Consultation. How successful in Fo­reign Negotiations, agreeable Ministers may be, is obvious to every Sense, and how they can be so, without that which should [Page 8] render them communicable, is a Mistery not yet explicable.

The next Object propounded to our Minister, is Letters, to whose free Access, it will be necessary to be indued with the Latine Tongue, which (though not at present National) may also be to Him of farther use in Foreign Agitations, wanting Those that are, and with all sufficiently serve to the Introdu­ction of such a part of School-Learning, as shall be requisite to our Minister, which shall not need to be extended farther, then to lend Order and Propriety to His Discourse: And to free his Spirit from the Tyranny of the strangeness of it in An­others Mouth. Not so far to handle it, to make it a Fetter to His Reason, a burden to His Memory, a servile anticipa­tion of His Judgement, or a Discord in His Manners. To a­void all which, it will be dangerous to encounter this many headed Monster (such more in Respect of disagreeing Opi­nions in Pretenders to her Mysteries, then in her own Nature.) e're the Judgement be perfectly formed, and confirmed, least what He thought to Master and Possess for the Advantage of His Natural Endowments, Possess and Master Him to the Captivity and Extinction of the same.

These with Dexterity handled, may prove superficial Or­naments to our Minister, but the more exactly useful and Es­sential to His Ministry, and in the Exercise whereof, He ought solely to imploy all the Vigor and Industry of His Mind, are the Laws Common or National, Civil or Universal. And History in General; which (for better enlightning of the Cir­cumstances in Either) should walk Hand in Hand. Not to re­ceive the Notions of Law, as unalterable Positions. Nor the Traditions of History, as meer Narratives to swell the Me­mory: But from History, to examine the Ground and Occa­sions of the Laws. The Issues and Events of such Coun­cils, such Affairs, such Enterprizes, by what Persons How Endowed, how Managed, and from the Circum­stances of the Laws to gather true Lights of the secret In­treagues of former Ages, by Corruption or Ignorance of the Chronologer smothered, Disguised or Neglected, so compa ring Occurrents of preceding Times with the Present, Col­lect by such Observation, what Laws should be Appealed, what revived, what reformed, what Introduced or Established. How farr to be Extended and where Limited.

For other pieces of Learning, as Aids to our Minister, we shall only propound such Parts of the Mathematiques, as shall concern the Military Function; whereto he possibly may be call'd to be an Arbitrator, either in the Defensive or Offensive Part thereof.

The Third Object of His Education here specified, is Tra­vel. [Page 9] Of which we may seem to have treated in the manner of His Acquisition of Forreign Tongues; but such years being not yet suf­ficiently mature, to make the true use of the most weighty Obser­vations thereof, we have made it the immediate closure to his Ex­ercise, and the Preface to His Practice; The Advantages hereby acquir'd are numerous, among which he shall learn the true art of Conversation, not so much, what concerneth the Civil, Courtly, and Superficial part thereof (though not an immaterial faculty in his Function) as the Political and Essential. How to endear himself with the most Savage Inclination, How to secure Himself from the most fraudulent, How to avoid the Distastes of the most In­solent, How the Disgrace of the most scurrilous, How to shun the Incumbrances of the Impertinent, and how the Importunities of the Impudent, How to fasten on the Babler for Intelligence, How on the serious for Instruction, How to suffer immov'd the most Contradictory, and how to satisfie unprejudiced the most Curious. How to distinguish and make use of all Humors and Inclinations. How with Dexterity to be All to All. To present every one their Figure, and yet retain his own. And in all these to become so perfect a Master of His Passions and Purposes, that the very shadows thereof shall never fall under Anothers sence: To which some may perhaps object, that this Mystery may as well be attain'd at home, without the community of Forreign Parts, diversities sufficient both in Manners and Affections, be­ing thereto with us to be found. This being granted, yet the insensible and unexamined Habits and Customs of the place, wherein we were born and bred, smother the perfect and visible Lights thereof; so that in the frequency of use, we not distin­guish or not consider others Faculties, nor yet awake our own; whereas each Forreign place we come to, will afford in nature new Proofs and Figures to our observation, which Art elsewhere but slightly counterfeits

As to other Advantages Herein, he shall hereby be able to make an Occular Observation of the strength or weakness of Forts, Harbors, and Passages; Riches or Poverty of the Coun­tries, popular or private Discontents, Grievances, Fears, Jea­lousies, Resolutions, Court and State Factions, by whom fa­vour'd, how qualified, whereon grounded, how pursued. He shall further hereby finde opportunity to form a private and faithful Correspondent on the Place (under the colour of Curiosity) whereby He may have perfect Intelligence of For­reign Occurrents, the better to direct His own. Of all which Overtures He shall make good use either in Publick or Private Treaties, secret or open Breaches, with many other Advanta­ges, whose Nature, Variety, and Use would require a particular Treatise, and we for brevity will here omit.

V. Of His Profession.

WE might without Scruple admit of any Profession to this our Ministry, whose quality were no Dishonour to the Dignity Hereof, nor Nature repugnant to the vacancy Hereto, were it not an Imployment requires the whole Man in Action, and the whole Life for Instruction. If Civil Policy among the Chaneses, figuring one mans Life too short, hath establisht a Custom to introduce a Perfection, even in Mechanick Arts, by en­joyning each Artists Posterity to follow the Function of his Prede­cessor. How much more necessary will it be to sequester our Pretender to this high difficult and Noble Mystery, from all other Negotiations whatsoever. This was the ground of Philip's Reproach to his Son Alexander the Great, when in the Olimpick Games, he bore away the Glory in Musi [...]k from all his Emulators, implying that his Excellence herein was a shameful proof against him, to have been remiss in time and Industry, in pursuit of other Endowments more proper to his Regal Dignity. The motions of the Civil Body can no more without hazard of Ruine suffer Cessation or Intermission, then those of the natural. And since the whole strength of the united Ministers is little enough to keep this Machine in a regular frame, it will be requisite not yet more to weaken their force in the Division thereof betwixt publick and private Interests. The Integrity of Atilius Regulus figured to us this inconvenience in his request to the Senate (on the Death of his Bailiffe) to be dismiss'd from his Embassy in Spain, that he might thereby have liberty to manage his own Domestique Affairs, which extended but to thirty seven Acres of Ground.

To which may be objected, how any then shall usefully be admitted to our Ministry, since it is necessary to every mans live­lihood, that he have Profession or Possession, either of which will afford but small Benefit to his Existence, if by him carelesly abandoned; we may answer this Objection with the Remedy borrowed from the Senates example and Answer to the Petition, which was, That he should repose the Burden of his Domestick Af­fairs on their Care, who would provide a faithful and sufficient Supervisor to the managing thereof: Nor is it but in reason equi­table, that if our Minister address all his endeavours to the be­nefit of the Publick, but the Publick should likewise contri­bute some cost to the support of his private Interests.

It may also here possibly be farther alledged, that there are certain intermitting seasons of Peace and Relaxes of Affairs in most Commonwealths, whose smooth calmness may some­time dispence with their Pilots Diligence, since oft it scarce af­fordeth matter to His Action; to which for reply we infer, that [Page 11] such Constitutions of State are subject to the most dangerous Accesses of Distemper. Since neither Nature nor Policy suffer­ing Retraction or Demur, must of necessity, proceeding still, fall into the Contrary Excesses; insomuch as all Extreams meet but in one and the same Point. As the most perfect Constituti­ons of health in Natural Bodies, so in Civil, are obvious in their Changes, to the most desperate Infirmities.

Another Argument may probably yet hereto be inserted against the strictness of our Ministers attendance on his Functi­on, fram'd on the Multitude of Members, which may alter­nately supply each others vacancy: To which we may alledge, That it is the Bane of a Council, where the several Members Thereof rely upon each others Diligence, Sufficiency, or Inte­grity; in which none answereth His peculiar Trust, that dis­chargeth not his proper Conscience, and inureth them to handle Publick Affairs (not having immediate Relation to their private Interests;) with that Indifference and Neglect, as if they not materially concerned Them. And farther lendeth an Advantage in Absence of Particulars, to facilate the secret Practices of a Faction. Secondly, By such Intermission our Minister looseth the preceding Coherences of several Agitations, whereby his Judgement cannot sufficiently be enlightened for the future. Thirdly, To the exact constituting of a Council, is to be obser­ved a just Proportion, as well as a due Propriety of Parts. If they exceed in number, Disorder will meet their various Agi­tations, Obscurity their mutual Conceptions, and Protraction their positive Determinations: so that in the issue small fruit will follow their Consultations: If they fall short of a true Dimen­sion, it will rather be held a Private Combination then a Publick Convention. If they meet a perfect Symetry in their Union, we must then conclude, there being no one Superfluous, there will be no one conveniently to be spared; and if there might, on other ground then necessity (which admitteth of no Rule) such Licence would be to the rest, a just Plea for like Priviledge: so that in the dismission of one, we may perhaps often want the better part of our Assembly.

Moreover, we figure our Minister so excellently endowed both in natural and acquired Habits, that no Age, how happy soever in the Production, or State so industrious in the forming, will at any time, with fertility beget such a croud in this Society, that a supernumerary shall still be ready to supply a Default. In Opposition hereto, may yet farther be alledged, that this is so servile and anxious a condition, that no generous or free­born Spirit (such as is here pretended necessary) would ever be won to render himself subject to. This being granted, must ei­ther proceed from want of Love to his Countrey, Address in the [Page 12] Faculty, or use in the exercise: could Milo else, with delight on­ly for the Advantage of his strength bear every day an Oxe? And shall not our Minister expose himself infatigably to the Assi­duity of so glorious an enterprise, as the Common Welfare, which Scevola held dearer then his Hand, Regulus then his Eyes, and Curtius then his Life; and will not only render his present Being useful, but necessary, and His memory not only vener­able, but eternal: to which we instance not here the enlarge­ment of His Fortunes (which must follow as a consequent) be­ing too abject an inducement to bear any Influence over His nobler Inclinations: Nor will a plausible Recreation be at any time wanting in the Excellency and Variety of our Subject, though not perhaps those fancied by a looser Temper: yet such as are more proper to the Rellish of that Age, we shall hereafter figure Him: so that we here inhibit not His Divertisement, but only thereof change the Quality.

VI. Of His Age.

WEre it so, that the Abilities of the Mind depended not on the Maturity of years, nor Experience on the frequency of Practice, as may be affirmed from the Trans­actions of Alexander, Scipio, and Augustus, in the early underta­kings and successful Issues of their Enterprises, whose mira­culous Fortunes seem to have had a more secret Foundation than humane Reason can either frame or discover. Yet to educe such Faculties to a useful Exercise, it were expedient, Time should infuse a perfect Allay to the natural Temper, the bet­ter to withstand the Proof of every tryal, whereby neither the high fervour of the Blood in Youth might be too prone to trans­port the captive will to such a wilde Temerity in Action, as to attempt on any Difficulty: nor yet the frigid sloth of Phleame in Age might so benum the vital Spirits, as in a timid Jealousie to restrain the passive will from ev'ry seeming opposition: Of which extreams the Danger to avoid, we Figure this our Mini­ster of that Age, which Naturalists style, Aetas Consistens, be­twixt 35. and 48. In which years, Nature seems in her course to have attained a kinde of Repose, having as then in man com­pleated her designed work, when no longer employing her vi­gour on the disposing of her edifice: no [...] as yet shrinking under the burden of our frail Composure, seems at a stand to gather strength against the assaults of the succeeding time: Not that on such terms we so precisely fix, as never to admit Exception in our choice, since many times we see, Nature her self in the De­fect or exact Disposition of the matter, protracteth or anticipates [Page 13] her course: but that we might receive a general Note to guide our purpose so [...]igh Perfection, as natural Lights may reach to.

From which Argument some curious Fancy may perhaps collect Matter to insert (if not by way of Opposition, by way of an exacter Proposition) That it were better to form our Council of sundry Ages, following herein the Pattern of a Natural Body, which is constituted in Parts of several Tem­pers, to the end, that what One Member were defective in, might be supplyed by another.

To which we may alledge, That Nature hath constituted the Body in parts of differing Tempers, in Respect of the Aptitude thereof to differing uses and Ministries: And so having divers ends, must (of necessity, to the perfection of her work) make use of Instruments of distinct Capacities. But our Civil Body, though formed of sundry Members; yet having but one only Object, It were rather more proper (if possible) that they should so sympathize in their tempers, that no one might there­by dissent from other in their natural Lights: But from their equal endowments might result an uanimous Agreement in their Consultations.

It may yet hereto farther be infer'd, That men are often more successful in the search of Truth, by interjected Doubts, and Oppositions formed from disagreeing Opinions, then by the general Allowance of assenting Judgements, Which hath some­time condemned Truth it self for Heresie, and may perhaps be the Reason, why Solomon saith, In the multitude of Counsel there is safety.

This granted, by dissenting Repugnances, Truth may often­times be brought to Light, but far more frequently, is by such Contestation smothered in the Issue, leaving the Idea only of an unform'd Monster. Moreover, if such Discussions were needful to Truths Discoveries, these (so well as in obstinate Differences) might be otherwise stated in Agreeing Suppositi­ons, which though oftentimes but slenderly supported, wanting the Passion of a proper Owner; yet may they unto every com­mon sence, afford such Lights, even in their first Discovery, as to disclose the Necessity of their farther Agitation: which bear­ing in it self but weight, will want no Prosecution.

But we may peradventure meet with so repugnant a Spirit, as would attempt to force us out of our pursued Tract, with Moun­tains Observation, That Affairs are seldom successful, when sifted so fine in their inherent Consequences, as to admit no share for Chance to work upon, which notwithstanding will be the chiefest Agitator in the managing. Whence grosser mindes are oftentimes more happy in their Consultations, then more refined Iudgments.

[Page 14]To which we answer, That it is safer and more satisfactory to a generous minde, as Alexander said, when advised to take the Advantage of the night to assail his Enemies more numerous then his Force; That he had rather suffer the injury of his For­tune, then the shame of his Victory. To fail under the conduct of that Light, God in Nature hath afforded us, then to be success­ful either in the Opposition, Digression, or Omission of her Pre­scriptions.

Furthermore, since every Age hath at least his innate propen­sion to peculiar Imperfections, it will be safest to accept of such seasons, as are most remote from the Extreams.

Peradventure we may here yet meet the Authority of Solomon, as an Objection to our Argument, Whoso often preferreth Gray Hairs to the Ministry of Council.

We must Hereto so far agree, That Age (if rightly practised) wins great advantages to the Perfection of our Ministry, in the Observation of a long Series and Contiguity of Affairs, con­firming still the Judgement by an Occular Proof, whereby It consequently becomes more visibly effectual to a civil Consulta­tion. But it must be with this Limitation, That such years meet so perfect a Consultation, as may retain Capacity properly to dispence those Notions. Since we observe it evident by dai­ly proofs, That not onely by visible Infirmities of the Or­gans which follow our Disorders, but by an imperceptable and Natural declining of the Spirits; most Men, e're they attain that Term of Life, do oft out-live their own suffi­ciency.

VII. Of His Possession.

THis Particular in Relation to our Minister presenteth three inherent Subjects considerable in Discussion. The Qua­lity, Quantity, and Dependence thereof. But before we treat of the Branches, it will be requisite to examine whither the Principal be necessary to our Subject. Since the Graces of the Mind may really consist without the Benefits of Fortune: Nay, oftentimes by Her Repugnance, standing exacter Tests, become yet more refin'd; and in such Consequence, more useful to our Ministry.

To which we may reply, That Wealth, in the meanest Por­tion can no way fall into conjecture, to be held Essentially, or Immediately necessary to the forming of our Minister. Yet weighing the collateral Impediments of Poverty; not only to the preceding Fashioning and Introduction of our Subject, but to his present Agitations, we may affirm It obliquely in some [Page 15] measure to be requisite in Him. Not meerly as a safeguard from such Necessity as threatens His present Existence. There being many other more remote Degrees of Indigence, which may prove obstacles to the success of this His Mini­stry, which are to be esteemed such; in Proportion to His private Charge and Quality.

First, in Respect of Himself. The burden of His own anxi­ous Thoughts, will render the Faculties of His Mind, not on­ly indisposed, but unprepared to His Ministry. His Thoughts imployed, suspended, or diverted on His proper Exigents, to whose forc'd Summons, Nature her self will claim a Privi­ledge.

Secondly, The inward Sense of his own abject Fortune, redoubled by Reflection of the Majesty of His own Assembly (if it encounter not an admirable Temper) will, Through the Dejection of the Natural Spirits, some time at least restrain the vigor of his Argument, if not extinguish It.

In Respect of Others, the Inconvenients are, That His private Misery may sometime in His mouth render e'vn Truth it self suspected or neglected. Wisdom from a poor mans mouth, as Solomon says, being, or not approv'd, or not followed.

Moreover, it seems not altogether consonant to Reason, that publique Affairs should be committed to His charge, who hath not a competent share of Interests in the Trans­action.

To which we may yet farther add the casual Frailty of our own infirm Natures, which thereby lays us open to the Battery of each Corruption; not onely in the Jealousie of Others, but likewise may as far intrench e'vn on our own proper Apprehensions. Since the wisest Man that ever was, became Herein b [...]t diffident of His own Sufficience, unblemisht, to sustain the Tryal.

Concluding thus the Original of our present Discourse, in some measure proper to our Subject, we will peruse the Con­sequents hereto belonging, before specified.

From the Quality or Nature of His Possessions may arise Two Doubts. Whither we shall admit Them Moveable, Temporal, or Fundamental, National or Forreign. Both which Propositions will fall under the capacity of one Solution, which shall be, That the safest proceeding in our Election, is to aim at the firmest Pledges of His fidelity, we constitute to our Trust, Not that we shall not hereafter be so cautious to exact of Him securer Proofs of His Integrity. Nor yet at present so Scrupulous, as not to admit Him to our Ministry without the exact concurrence of such Evidence, having e're this pas­sed the Test of more Essential Tryals.

[Page 16]To this Distinction in Order, succeedeth the Quantity of His Possessions, one extream hereof we have already handled with the preceding Principal; the other, that of course here falls in Agitation, is the excess of wealth (not such in measure propor­tioned to the fancy, but condition of the owner.) How deceit­ful an Impostor This is to cheat the sense, the wide worlds gene­ral Homage to this Idol may be evidence, Who, to use Moun­taigns Terms, judge of the Palfrey by his goodly Trappings: And believe my Ladies Chappein's an Essential part of Her admired Personage.

How corrupt an associate to the Owners Reason, sacred Au­thority hath to us attested, Figuring the Incapacity thereof to all that's good, under a humane Impossibility. Moreover, how nigh and tempting an Access such affluence may lend Ambition, not seldome only to the disturbance of the common Peace, but to the Subversion or Translation of the whole Fabrick of a Go­vernment, all Ages will afford us woful Patterns.

Rejecting thus the extreams, as inconvenient in our Minister, it follows without farther consequence, we must approve the mean, which from the result of our Argument not yet distinct­ly figured to the sense: We will propound It a Proportion ca­pable in a sober Temper, to free the minde from the assiduous servility of others, or of His own occasions: which end, if com­passed, more by the vigour of His proper Reason, then the Advantage of His present Fortune, will render Him yet more acceptable as visibly more hopeful to our Ministry.

The last inherent to this present subject, is the Dependance of our Ministers Possessions; which we shall negatively include in one convertible Proposition, That neither His Estate, if pos­sible, depend by Tenure, Custom, Homage, Copy, or other­wise on any others, then the Princes, or States, to whom he is Subordinate: nor yet that many others in like manner do depend on His.

The former, if admitted, might perhaps form such engage­ments on our Minister, as may enthral the freedom of His Spirit, and thereby sometime cast a private restraint on the Persuit of publick Purposes; or wrest some Publick motion to a Private Interest.

The dangerous consequence of the Latter, if admitted, too soon yields fuel to incensed Ministers, to become unequal Re­pairers of their secret Discontents, as hath too oft appeared to the damage of this Nation; and formerly gave occasion to a Cautious Prince, by sundry Acts to take away the Ground thereof from all succeeding Ages.

VIII. Of his Community.

THis Principle (rightly considered) will lead us to more vi­sible and Essential Discoveries of our Minister's inward Temper, not so much in the borrowed Image issuing from the insensible Impressions our facile Nature receiveth from the Ha­bits of our frequent Conversation; as in the innate Idea, others may thence collect of the secret and natural Propension of His minde, following therein such Objects as seem unto His fancy most agreeable, which may be lights to guide us in Election. But chiefly (when constituted a member to this Assembly) we shall by way of advice interdict Him three Societies as incon­sistent to the Advantage of His Ministery. Of Bibbers, Curti­sans, and Forreign Ministers of State, under which Heads are figured to us the three eminent Strengths in Contestation for Preheminence in their Efficacy over the will of Man, Wine, Wo­men, Wealth: Not that perhaps our Minister may not be of fo excellent a Temper, as to resist the Contagion of their contin­gent Imperfections, though the common frailty of our own corrupt Nature may afford us hourly matter enough to entertain the exactest Virtue in uncessant exercise, without attempting on such Tryals, may in his failing, hazzard the common safety with His own. The Danger Hereof will appear more evident and weighty, when to His innate Infirmity, we shall Ballance the insinuating force of these their Instruments with the full extent of their Operations.

The Imposturies of Wine first steal upon the wariest Temper, under the Disguise of Natures helpful Ministry, admitted thus in one Degree for useful; Custom, at length, will in Another form it necessary. Mirth exalts the measure, and company pro­cureth the excess, which not only smothers the Natural Light in Present, but disables it in Future, leaving the irregular De­meanour so ridiculous, that what should Grace His Dignity, de­tracts from His Authority: while the shallow Image of His thoughts hang on his fleeting Breath, and by the least disordered motion of the Heart, drops from his slippery Lips, perhaps to the betraying of the general welfare.

But peradventure some may alledge, that our Minister's happy Constitution may as well gain this Advantage over others Im­becility, as Another over His: and that there are certain Cli­mates, to whom this Custom is so proper, without the Proof Hereof, a Minister with them successfully can seldom agitate.

To which we may answer, That it is too uncertain, hazzar­dous, and indirect a Procedure, to intrust an equal portion of Affairs of this high Nature, but to the Advantage of the Natu­ral [Page 18] Temper, to whose exact managing, the perfectest Lights of Reason or of Art, are scarcely capable: But were It granted ne­cessary, there might be other Agents found hereto more pro­per, whose Ignorance might answer for their Secresie, and free the State from Casualty of such a Damage, without imbarking of an equal venture.

How irresistably the Charms and slights of wanton Womens Subtilties work on our self-betraying Nature, lying in our Bo­some, all Ages will afford us evidence, whose woful Proofs have not left Man the hope of a defensive Armoir. To these, we finde in Sampson, Solomon, and David. The strongest to his Ruine, betrayed his strength. The wisest to the dismembring of his State, his Knowledge. And the most zealous, to his Reproach, his Piety. It will therefore be no scandal to our Minister's Suf­ficience afar off to avoid this Precipice, become remarkable by the overthrow of so many eminent Personages; not only in His own Respect, but in Regard of publick Interests (by him to be preferr'd before his own) which lying in his Bosom, may often­times be incident to the like Disaster.

Whereto may be objected, That there are also certain Com­monwealths, with which our Minister may have Commission to communicate, wherein the sole, perfectest, and most material In­telligence of the occurrents of that Place, are only to be gained from such Instruments, whose private Interview may farther be authorized from Cicero's suceess hereby in the Discovery of Ca­talines Conspiracy.

To which we make reply, That herein also (if assented to) the Ballance of our Argument remains but still in equal Coun­terpoise; since in one and the same subject we may to the Faci­lity in Discovering, oppose the subtilty in attaining such se­crets: so that hereby we attempt to gain no more, then we en­danger to lose. In which Respect, where Custom hath confir­med such Proceeding useful, and not scandalous, it will be more applausive and convenient to have recourse to our preceding Re­medy, and under the Faculty of a more remote substitute, pre­serve the Dignity of our Minister unblemished, and Publick Interests from a Capacity of Prejudice.

Our last Restraint on This Association is with Forreign Ministers, under which Distinction we have reduced the Force of Wealth, in that Money is the chief and usual Instrument such Agents work with, to the supplanting of their Neighbours Interests, or otherwayes advancing of their own, by secret Corruption of their Ministers: Of which Method in Proceeding, the Venetian is so jealous, That they have inhibited by a penal Law (extend­ing to the Nature of High-Treason) That no Minister of State, or Senator, shall with Forreign Minister either at home or abroad, [Page 19] Friend or Foe, have either private or publick Conference whatso­ever, without the special Licence of the Senate. Which hath not (as some may figure) been enacted only, as a terror to suppress private practises; but clear contrary, hath in every Circum­stance been prosecuted with such blinde severity, as hath in latter times, injuriously both to Themselves and Others, un­timely dissected from their Civil Body ( Anthonio Foscarini) a Member of the greatest Eminence, and perfectest Integrity a­mongst them, such before reputed, and after to their Grief and shame too late acknowledged. In which proceeding, since we seem to cast a shadow of Reproach on so venerable a Society, and so universally approved Laws as hath induc't the ablest Judgements to believe, That no Civil Jurisdiction either hath had, or need to have firmer Basis to the Establishment of a last­ing Government. It will be necessary to digress somewhat from our present Subject, both to express and prove the Defects in such Ordinance, as also in the Dispensation of the same. Briefly therefore we may Object against one Clause in the Edict, That it is against the Dignity and Purity of a Law to propound any Recompence to the Dilator, as pre-intending to suborn by such Corruption false Witness to the Plea, and to invite the In­digent as well to suggest a Lye, as to disclose a Truth.

To which if inferr'd, the Necessity Hereof to a due Infor­mation; we may reply, That if the Vigor of a plausible Affecti­on to a Common Cause, be not in every Peculiar Person suffici­ently effectual to the vigilance of their proper safety inherent to the publick: yet, the never sleeping Spies of Envy and Malice (to whose Persecution the exactest Ministers are most incident) will need no stipend to provoke their Fury.

Against the incircumspection of the Ministers to this Decree, we may in this particular infer, That no Judge whatever, by the Nature of his Office, is tyed so strictly to depend on the Evidence of a Witness, as to neglect the circumstance of the Matter, which divers times affords the exactest Lights to Truths Discovery, both without and beyond a farther Testimony; as appears in Solomon and Daniels Sentences: which, duly to consi­der, had not those Ministers admitted, the false Deposition of a Band of Braves, would not have had the weight to over bal­lance the just Renown of so vertuous, long approved, and faith­ful a Minister: where the defensive evidence was to be wav'd as irreceivable. But to come nigher to our present Subject, The true ground of this Law wants no other Authority to lend It consequence, then the numerous Examples of Ministers, thus corrupted almost in every Age.

Not that we shall here declare a general suspicion of our Minister, but to prevent the irresistable motions of our common [Page 20] Frailty from a dangerous issue. How forcible and prompt the means in Practice is to our Corruption; so obvious is to eve­ry Sense, we only will insert this antick Observation; That the Common union of the strongest City is not of Force sufficient to resist the entry of an Asse laden with Gold.

To conclude, where no such Institution is of force, but ge­neral freedom licensed, It will become the Prudence of our Minister, if wholly not to refrain such Conversation, at least to use it with so nice a Prudence as may not yield a seeming ground to others jealousie of His sincere Intentions.

IX. Of his Demeanour.

IN the Reflection of this Subject we shall make nigher, and more visible Approaches on the Discovery of our Ministers secret Inclinations, which yet may lend us a more hopeful In­troduction to His Institution, as they are more exactly appro­priated to the perfect managing of His Ministry; in Relation to which we shall here only agitate on this Particular.

His exteriour Demeanor may properly herein be limited un­der the extent of three Objects. His own Assembly, Forreign Societies, and National Sollicitors: But e're we handle It as di­stinctly proper to these Particulars, we will consider It in General. How insensibly and powerfully the unaffected Graces of the ex­terior Demeanor win upon others Inclinations, ev'n in the first Aborde, may be distinguisht in the effects by the most Savage and unciviliz'd Temper, though undiscovered in the cause thereof.

'Tis not the affected Gesture of the Mimicks of our Age, That our Intention is directed to; but an inexpressable Agree­ment in the Motion of the Parts, whence issueth, as it were a silent Harmony. 'Twas the admired Efficacy of this, that charm'd the fury of the rebellious Multitude, their Arms (the Fuel to their Rage) yet in their hands, when Alexander and Caesar expos'd themselves into the throng, unguarded and alone, to the Attachment of the Incendiaries, who fearing none, were to be fear'd.

'Twas the secret working Hereof, calm'd the unappeasable Ire of Edward the Black Prince, against the Lymoseins, While entring their City, the Bloody and irresistable Instruments of his Vengeance yet in the height of Execution; by the Reflexion of the valour of three Gentlemen thereof, had put this his victorious Ar­my to a stand. 'Twas Scipio's gallant Demeanour at the Bar, that silenc't his Accusers, and astonished his Judge. This is the very Life of Rhethorick, so oft hath wrought on the Affections of the Multitude beyond Intelligence.

[Page 21]But to return to the Propriety and use Hereof in the Par­ticulars. And first in Reference to the Convention of His own Society, whose distinct Consultations having but one Ob­ject, The Publique Good, nor but one Course to attain It, mutual Agreement. The necessity of the work will not only require a Conformity in their Faculties that mannage It, But their Wills, which at the Entry of our Council are there­fore enjoyned to put off all Appearance of Emulation or Inemnitye; though their Natural Infirmity cannot dispence with the not re-assuming Them in the Issue. In imitation of ***

But yet not so nice of Apprehension to shock anothers opi­nion in His Opposition, as to forfeit the unequal Resent­ment of His own Reason. In the Prosecution whereof He should put on as much undaunted Resolution, as may neither smother nor misbecome His Sence in Passion, whereof to avoid the very shadow, He should neither Anticipate, nor yet Neglect His Order in Delivery.

In His Agitations with Forreign Ministers, we shall allow Him to assume more Majesty, in Respect of the Dignity of the Nation he represents. And more Art, in Regard of the divided Interests, each Part obliquely may persue. But so that the Former be sweetned with a Civil Modesty. And the La­ter shadowed with a seeming Indifferency, reconcileing both their Repugnances to such an union, as the splendor of That may not restrain the suppleness of This. Nor the Dexterity of This Eclipse the Lustre of That.

His Comportment toward Solicitors of his proper Nation will require no less Caution. There being Two dangerous Ex­treams Herein to be avoided. The Disaffection of the Peo­ple, and the Jealousie of His Peers.

To shun the Former, He must, in the Reception of His Solicitors, neither take on a sow'r Austerity to counterfeit af­fected Majesty; Nor yet a sullen neglect to borrow seeming Gravity. He must not assume that unbecoming Masque of va­nity, to pretend Himself more considerable than the Rest of His Associates, by affirming Himself over-burd'ned with an un­equal share of Affairs, to shake off their Addresses, nor yet ac­knowledge such Preheminence in Power as to invite Them.

He must still in Himself be wary to preserve in Their E­steem the Dignity of that Society to which he shall officiate. The People judging onely of the Body by the Parts there­of. His Access therefore Must be Facile, His Aboard Graci­ous, His Entertain Agreeable, and Closure Satisfactory. If not in His Endavours, yet in His Advice. But not to set so high a Rate on either, as if he drove a Trade in Ci­vil Tyes; and made so reverent a Convention, but a pub­lique [Page 22] Marte, for Commerce onely, but of private Interests; nor yet to value either at so mean a Pitch, as to seek out oc­casion to dispense the same. His Dispatches must not be tedi­ous nor precipitater That (instead of Relief) were to adde one Burden to another. This (instead of advancing) were to be­tray the success of a Cause in Manner of the Manageing.

In the Contexture of all which, He must use such Ad­dress, as he approach not to the next Extream; becoming Popular. Our Minister may be too forward in the persuit of fair Transactions of this Nature; There being as much dan­ger in serving of a People as a Prince too well, The next step being followed with the Necessity of his Ruine; the secret Envy of His Associates suggesting straight a Jealousie of the Common welfare, This in the Athenian State lent Ground to the Establishment of a Law, entituled Ostracisme, which was for Term of years a publique Exile of such Ministers, who in the happy Issue of eminent Enterprizes, became too Glo­rious in the Peoples sight, o're-shadowing thereby the failing Lustre of the whole Society. Such and the like Rewards have often crown'd the Triumph of a Glorious Servitude, as may appear in the unequal sufferings of Scipio, Perîcles, Alcibiades, and many other Worthies.

And where such Laws were not of force, many such He­roes have become the tragique Subject to Envies secret Pra­ctices. Though some, perhaps may here be instanced, have by such Artifice supplanted Princes, and subverted States, as Bullingbrooke, and others. And some the Means hath failed in the Attempt thereof, as the Guises.

X. Of His Speech.

THis Subject may lead a wary Observation (endued with Capacity to judge) not only to an Inspection of the exact Image of the Mind, but even to the secret sources of Her motions (distinguishable not often to the Owner) more perfectly, then the most nice Idea extracted from the Actions; the hidden springs whereof Custom and private Ends do of­ten smother in a confused Heap of Circumstance, whose con­sequence rests still concealed in the Intention. This being the more immediate Instrument the Soul imployeth on exterior Objects. Which in Respect of our Ministers Society, being contracted under Three Heads of Communication, as is ex­prest in the preceding Subject; we will direct our purpose on­ly to appropriate this Principle unto our former Model.

First, in Relation to his own Society, the Object of His di­course being only Single, the Method thereof must be only Sim­ple, [Page 23] or without Art. Truth wants no other Ornaments to af­fect her Audience, then Her proper Beauty. What moves the Senses but obscures the Reason. The Flowers of Rheto­rick are commonly but the suspected Fardes unto sinister pur­poses, whose Imposturies are inconsistent with the Nature of our Ministry, which cannot admit him for a perfect Workman, as some have said of Orators. That makes Great Things small, and small Things Great, no more then that Artisan his Crafts-Ma­ster should make a Shooe too Little or too Big for the Foot; but he that makes it Fit. To which perfect structure of Discourse we will lay down a Tripple Baiz to form it on. Clear, Vigo­rous, and Pertinent.

Clear, or Intelligible, in regard Ambiguity may be Mother of Mistake, Mistake the Nurse of Error, which may encoun­ter such a Consequence, may make the Default irrepairable.

Vigorous, in that His Arguments thereby, in present, may meet less Opposition; in Future, win more Credit. And in the sequel of either, procure a speedier Expedition, which must not yet be formed under the Semblance of an insulting Imposition; that were to blemish Truth's attractive Grace with Civil Tyranny, not leaving others Sence the Liber­ty to agitate, and so retard Her sought Reception, if not re­pulse Her at the first Aboard in Dislike of Her Appearance; All men affecting such a Freedom in their Judgements, as may in their Assent to Truth's Decree, entitle Them to equal share of Right in Her Discovery.

Pertinent, to avoid a prolixe Circumstance, which will not only waste Time in Delivery, and in the Order of Reply ex­pedient to Particulars; but may produce unuseful Matter to new Arguments, extending so the Subject beyond a due Pro­portion in the Managing, which being a stop to new Occur­rences, continually are flowing in the Concourse of Assairs (whose weight implyes an Exigence in Expedition) will press for timely Issue, or swell to such a burd'nous Multititude, Ne­cessity will inforce some part Thereof to be neglected or omitted.

In His Transactions with Ministers of Forreign States, His Discourse may assume like Form, as His Demeanor to Them before specified, more Majesty and State to the united Body, in Honour of His proper Nation; more Art and Courtship to the particular Members, in favour of His secret purposes; Yet to the former, not with so rude an Arrogance, as is ex­prest in C. Popilius Embassie, who on his first publick Audience, making a Circle round about Him with his staffe. required of the doubtful Assembly (demanding time but to deliberate on their An­swer) their plain and present Resolution e're he should pass the [Page 24] Limits of his form'd Circumference. Nor to the latter, with so suffering a Civility, as to oblige another Nation at expence of the Interests of his own.

To the people of his own Jurisdiction the Emphasis of his Discourse may vary Forms, as their Addresses to him, or his to them, directly or obliquely, may concern the Nature of his Ministry.

Their Addresses to them in Particulars on Private Agitations may be received and returned in a plain method of Delivery, most proper to the Nature of the Subject, and the Capacity of the Manager thereof. If their Addresses to him be in Multi­tudes, and for a general Cause, his style must have more winning ornaments to become plausible.

If his Address be to particulars obliquely tending to a Pub­lick Cause, his Language may assume more Majesty to lend it more Authority.

If his Address be to a multitude directed only for the Publick Benefit, his Tongue may use the choicest Grace of Rhetorick to stir the Passions of the Populace: yet must he not exceed the Limits of his Purpose in his Promises, lest the Necessity of their Omission should procure Hatred or Disturbance to the State, Ruine, or Danger to himself, having thus rais'd a Spirit he cannot lay again. It will be safer perhaps and more facile to win the Inclination of the Multitude, by tickling of them with their own Applause; yet here in also must be Caution, since Their incited Passion, known but in Extreams, should or ex­alt him or themselves so high, to hazard their own Safety, or the Publick Peace, drunk with the fury of their wilde Distemper.

But happy are those Nations, That utterly hereof abolished the use, whose subtle Contagion too often but foments the se­cret Fuel of Incendiaries to the Emotion of such Dangers may subvert a State.

XI. Of His Fame.

THe Harmony that issues mutually from the Concurrence of All the foresaid Attributes in their Impression on the Fancy of the Vulgar is His Reputation, to which we have given Order in the sequel of His exterior Properties, without Reflecti­on on the Interior, in regard these are the only Springs which lend Emotion to the Resentments of the multitude, who have nor will, nor yet capacity to search into the Latter, taking up their Opinions only on the publick Faith, and rather hazard their credit (though to the General Damage) then be at ex­pence of a nigher Trial.

[Page 25]How this method of proceeding should form a firm Founda­tion to the Establishment of Truth, we cannot apprehend, though confirm'd and authoriz'd by that powerful warrant, Vox Populi, vox Dei, The voice of the People is the voice of God; Which rather is so to be interpreted, in Respect of the irresist­able force Thereof in executing, then in regard of a supream fa­culty in Determining. For since It is unquestionably manifest, that not one of a thousand (taken severally) is endued with Ca­pacity to distinguish of the Truth. Why should we then esteem them (if united) competent Judges to her Evidence, making the result of their voice in general to be of weight, which in Particulars can no way be considerable.

To which perhaps may be alledged, That the multitude re­ceive no notions for positive Truths, or warrant of Their Own Sufficiency, but from the Tradition of the choicest Judge­ments, approved in the Agreement of succeeding Ages. In Objection to the Inference, we may reply, That when we shall exactly weigh the common Heresies, that hereby have been in­troduced in Repugnance to Divine Principles. The absurdi­ties to Civil, and the Fallacies to Natural: We shall finde Reason to believe, that even in those Ages, and over those Judgements the Passions of the Multitude have had too forcible an Influence in overswaying of Their Sentences, to admit Them for Authentick Generally. Moreover we may observe, in most General Councils, that men of greatest Wisdom and Integrity, have suffered the most obstinate Oppositions in their Argu­ments, either through Envy, Ignorance, or Inenmity, or else in favour of some secret Practices: which though examined with more freedom and Impartiality in remoter times; yet neither then want corrupt or perverse Champions to shelter Their Defects: so that the Multitude; in the doubtful strife (suspended from de­finitive Censure) incline to that, holds most Advantage with their proper Interests, assuming still the Authority to judge. From whence we may collect, That blustering Fame is but a doubtful Light to yield safe conduct to our Purposes, not only in respect of their premised Insufficiency to judge, who forms her Nature; but in regard the vitious multitude can not, with­out impeachment to themselves, approve of such are most to them unlike: so that a wise and upright man may have just Cause ev'n to suspect himself in their applausive Testimony: to which may also added be, the common Homage, most ten­der to the sense and proper Interests.

The perfect'st test to the allowance of our Minister, will therefore be the secret Approbation of the vertuous, wise, and u [...]teressed Publisher: And because all these three Attributes are to meet in one Subject, all these three Faculties must concur [Page 26] in the distinguisher: but lest we should anticipate our Order, in­trenching here too far upon the Rights more proper to another Theam and Place, we will desist to pursue farther this our Ar­gument, and here but only weigh what Influence a fair Renown may yet contribute to the advantage of His Ministry following the Distinctions of our preceding Patterns.

First in Relation to His own Society, It will lend weight to His Advice, if not Authority; Subject for exact Discussions, if not ground for doubtless Receptions. It will make way for due As­surance in the Delivery of his Purposes, for vigour in their Pro­secutions. 'Twill farther keep his Faculties assiduous, vigilant, and cautious in their Exercise, in jealousie of their Honour.

In Respect of Forraign States, the Glory of His Fame (lend­ing more Lustre to His Society) will to Confederates endear an union, Restrain publick Breaches, Oppose private Practices to Enemies, make our Designs redoubtable, advancing so their Is­sue e're they have a Being and probably unnerve their Counter at­tempts in Diffidence: The very Fame of Alexander, when living, kept not only Rome, but the wide distant world in Awe. Who, without Fortunes farther tryal, resolv'd unanimously all to be­come His Vassals, and hold the Civil Jurisdiction of their Go­vernments in Fealty of Him. To which Intent Ambassadors were from all Parts designed to Babylon.

In Reference to His proper Nation, a high Repute will yield a plausible satisfaction to the People in the Establishment of severe Laws, a chearful suffering in the necessity of Burd'nous Impositions, flourishing Hopes of the success of their intended Enterprises, reviving Courage in the Dejection of publick Dis­asters. Check the springing Fury of publick Emotions, sup­press the progress of private Practices, and preserve the whole Society in Honour and Credit with the People, who will thereby excuse their publick Failings, lending a fair Construction to their Endeavours in the miscarriage of their undertakings.

XII. Of his Interior Endowments under four Principles.
I. Of His Prudence.

HAving figured the exterior Endowments with their Co­herents to His Person, so far as may have Reference to His Ministry, we will pursue our Order, and make our Entry o [...] the Distinction, and uses of the Interior, under the extent of four Principles, Prudence, Iustice, Fortitude, and Temperarce.

[Page 27]As all other Virtues are but subordinate Ministers to these four, so the three latter of these seem to have an equal Depen­dence on the first; Prudence being the general Rule and Com­pass by which they all do steer their Courses: and no longer re­tain their own proper Nature, then contain'd within the Bounds of Her Prescription. Iustice, if severe, becometh Injury; Fortitude, if unrestrain'd, Temerity; Temperance, if not qua­lified, Excess: So that their t [...]ue Existence is very properly said to be seated in the mean, which to distinguish, Prudence sus­pends the Ballance to the Counterpoise.

Antiquity distinguished this Attribute, under the Figure of a youthful Virgin, viewing intentively her own Form in a Glass, implying the exercise of Wisdom to consist only in the Inspection of our selves: According to the Inscription on Apol­lo's Temple, Nosce Teipsum; In which Ordinance Plato affirms Prudence only Constituted: and Aristotle farther verifies the same in Xenophon.

Not to reflect upon her Nature here as a Caelestial Attribute, but to consider the Force of her Faculties in so frail a Continent as Man. She seeth the evil afar off, and avoideth it. She lendeth a Stratagem to the success of Arms, and Council to the Esta­blishment of Peace. She lades the Industrious with Riches, and the Humble with Honour. She discovereth the secrets of Na­ture, and directeth them to their proper ends. She anticipateth the Designs of the Fraudulent, and involveth them in their own Snares. She distinguisheth the season proper to every action, lending them so, not only Grace, but Success: From the Ap­titude of time, hastening the Maturity of Her Purposes: She searcheth into the end of Her own Being, and not to frustrate the intention of Her Maker, applyes her self with Diligence to the use. She communicateth Her Treasure without Scruple, and enlargeth Her Store by a liberal Dispensation. Safety is in Her left Hand, and length of Dayes are in her Right. She ra­visheth Others with Delight, and satiates her Owner with Joy. But to insist longer on the Description of Her Character, were to detract from the Glory of Her Essence, prescribing Limits to Infinity. We will yet view Her Ornaments with more propor­tion to our Faculties. Considering Her Lustre in Reflection on our Subject: And though Her use may seem imply'd in Her Di­stinction, yet we will farther in some particulars appropriate Her Graces, as peculiar Ornaments to our Ministry.

Prevoyance or Foresight, is one of the most excellent Fa­culties our Minister can be endu'd with, to the due Executi­on of His Ministry. We speak not here of it, as a supernatural Gi [...] of Inspiration; Nor as an Artificial Light of Divination. (The blind Zeal of the Pretenders to That hath made [Page 28] the One scandalous. And the ignorant Presumption of the followers of This, hath made the Other Ridiculous) But a Rational perspection of ensueing Consequence gathered from the Collection of cohering Occurrents, proportion'd to the Capacity of the Matter and the Managers. Thus did Da­vid by Hushai subvert the Council of Achitophel, in Refe­rence to the heady Folly of His son Absolon, coincident to His vanity and Youth. Thus Alexander grounded His stratagem on the superstition of the Indians, who having stopt His Passage by Prepossession of an inaccessable Mountain, hired some fifty Mountainers to ascend the same in difficult and inaccessable Pla­ces on the back of His Enemies, Where being arriv'd to make great fires, which signal discover'd to Alexanders in the plains, He put his Army in Battalia, as if he had intended to assail His Foes. But as his Army march'd, a Herauld sent before to sum­mon them to yield, and not to be too confident on the Advantage of the Place, which would betray them to their Ruine; herewith shewing them many dispersed Fires, were to their Terrour made on every side. The Indians believing this unexpected Force was sent from Heaven in favour of the Assailants Purposes, struck with much Terrour, surrendred both their Persons and the Place. So Scipio reflecting on the immeasurable Avarice and Lachety of the Carthaginians, withdrew Hanibal's irresistable Force from Italy, by transferring the Warr into Affrick.

To which may possibly be objected some examples, that having had the like Grounds, have not had the like happy Issues.

In Answer whereto we may inferr, that it can be no Re­proach to our Minister, to fail under the conduct of this Na­tural Light; since He is only Master of His Councils, not of their Events.

Another Inherent of our Subject expedient to our Minister is Insight or a sharp Perspecuity in Judging, without Relation to the Future, or the Precedent, but onely from the present Sence and Circumstance, searching into the secret Nature of Occurren­ces. Thus was enlightned the famous Judgements of Solomon and Daniel. Thus was discovered the Impostury of the pretended born Blinde, miraculously healed at Dijon by Lewis * * * * in the tryal of his judging of Colours; which though His restored Faculty might discern, time must have endu'd him with Capa­city to distinguish.

Of this Endowment our Minister will have daily use, not only to the Discovery of sinister purposes in the Intercourse of Af­fairs with Forreign Ministers (whose usual Commerce is but an honourable sort of Imposture, but to the enlightning of private practices ev'n in his own Society

[Page 29] Invention is another of our Subjects essential Attributes; ex­pedient to our Minister, which seems to spring from the Con­currence of Her two former Ornaments Prevoyance, and Per­specuity. This Faculty hath two Objects of an Engineer, which meet in one Center; Proper safety. Offensive, in open or secret assailing of an Enemy. Defensive, in open or secret guarding of Himself: Neither of which can work se­curely without the other, who so transports His Force to the Prejudice of his Foe, as to omit his proper safeguard, lies naked to his Enemies Offence: who so intentive is on his security, as to neglect Attempts, arms but his Foe more strongly 'gainst Himself. Plot and Counter-Plot must wait upon an Enterprise to crown the undertaking with success, though sometime they may seem divided: as Eumenes, Who seeing many Billets were in his Camp dispersed by his Foe, to invite with great Rewards some greedy Temper to contrive his Death, assembled all his Troops by publick Proclamation; where highly exalting their approv'd Fide­lity to Him, with tender of a seeming gratitude: He publickly af­firm'd, those Billets so disperc'd, were but the secret Machines of his Love, by him contriv'd to gather nigher Proofs of their Affection.

To make all which Concurrences successful in their use, we must invest them with another Ornament, A perfect faculty in the Election of proper Instruments and Seasons.

In due observance of the Former, many Princes endued but with small sufficiency, have often happy made their underta­kings: And many that have had extraordinary Endowments, failing herein, subverted often have the Course of well digested Enterprises.

To grasp with Time for fair occasions, must be the Practice of an Industrious and Vigilant Temper; such as Caesar was, who put forth to Sea for Affrick in a Storm, where he alone was to become expos'd amongst his Enemies, having as then no Party formed there. In all his Enterprises his Diligence still anticipa­ted his Enemies Apprehension: Many eminent Personages in This defective have thereby frustrated their painful persevering, and otherwayes successful Purposes, as Hannibal, whose fre­quent failings herein, had form'd a general Observation peculiar to Himself, That he well knew how to o'recome, but not how to make use of Victory.

XIII. Of Iustice.

THis Attribute is the Ground of all Civil Commerce, be­ing the Rule whereby all Laws what e're pretend to be established. The old Law represents her Character under a se­vere [Page 30] Injunction. An Eye for an Eye, a Tooth for a Tooth. The Gospel under a gracious Precept, which entitles every man to a Faculty of being his own competent Judge. Do unto others, as you would others should doe unto you. Antiquity figur'd Her Mo­del under the form of a young Virgin, holding a Sword erect­ed in one Hand, and a Ballance suspended in the Other. Her Eyes hooded with a Scarf: In which Posture amply enfolding the Mystery of her proper Nature. The person under which she is shadowed, intimating, Her ever flourishing and attractive Grace, implyed in the fertility and beauty proper to that Sex▪ Under the three other Distinctions is inferr'd the mutual Relati­on and Agreement of all Virtues necessary to the exact consti­tuting One Another. Prudence seems intentive on the [...]uspen­sion of the Ballance to distinguish of which side the weight of Right inclines. Fortitude hath arm'd Her with a Sword, and Courage to the Execution of a double Ministry: Punishment and Protection. Many, who only have considered this Investure of Justice, have erroneously figured to themselves, that Ty­ranny and Violence have laid the first Establishment to Govern­ment. This may probably be true, in respect of the licentious Multitude, who still dislike to have the unruly Motions of their wills restrain'd. But when we shall weigh the Faculties neces­sary to reduce their innate stubbornness to a decent Prescription, we cannot but ascribe to Rule, more noble Principles. The con­duct of the Prudent united to the Aid and Assent of the ver­tuous.

Temperance, lest the impartial Sence should over-sway the Judgement, intercepts the course thereof from all exteriour Objects with a vail.

But e're we shall begin to appropriate these faculties to the usage of our Ministry: It will be necessary to remove one Interjection, will else make void the present Ground of this our Argument. Though time, general Practice, and the universal Profession of States have formed (as an authentick Axiome) the violation of Her Order in Competition with the Consequence of their Af­fairs (as Mountaign sayes) After the model of Physick, preferring the useful before the Honest. Plato seems to imply no less im­plicitly, desiring only with Fortitude and Temperance, the Ad­vantage of the Form in the Magistrates of His Commonwealth.

Yet we may, without the Censure of Vanity or Presumption, attempt to make Discovery on the Defects of the Foundation, under Authority of the Wisest, Who, this affirms to be the surest Basis to a Government.

Iustice, in relation to humane Society, having three differ­ing Objects, may have three several Distinctions, National, Ci­vil, and Natural.

• [Page 31]1. National Iustice regardeth the Customs and Rites allow­ed or contracted between Nation and Nation.
• 2. Civil Iustice, the Customs or Rites proper to a peculiar Government.
• 3. Natural Iustice, the innate Customs and Rights between Man and Man.

How sacred and inviolable the National are to be ob­serv'd, may here be instanced in the Israelites proceeding with the Gibeonites (designed by Divine Decree to Ruine) and their League with Them, but Surrepticiously acquir'd. How severely and visibly the Breaches Hereof have been miracu­lously punished, is evidently discovered in the great Battle at Va [...]na, between Amurath the second, and Valdislaus King of Hungary.

In Opposition to this Example, may perhaps be instanced the prosperous Issues of the two Punick Wars to the Advantage of the Romans, by them injuriously commenced.

In answer whereto (omitting to insert how such success did but contribute to their approaching Ruine, extending the Li­mits of their Government beyond a due proportion, enforcing them thereby to sinck under the Burden of their proper Great­ness.) We may alledge, that the Almighty, who from Mans proper Evils formeth his peculiar Good, may (as we see in the Mystery of Our Redemption) suffer Malice a while to Triumph over Innocence, for some Benefit or Punishment to a Nation, secretly enfolded in the Consequence of Divine, Civil, or Na­tural Causes, scrutable only to his all-seeing Wisdome; who directed it. But withal, the Instruments of such glorious Mis­chiefs (though shadowed with the fairest Lustres) seldom ev'n Here escape a just reward. Witness the miserable and ignomini­ous Extirpation of the Iews: With the woful and sudden ex­tinction of Caesars Conspirators, and their Families. The Cru­elty of the First shelter'd by the pretended Defence of their Laws. And treachery of the Other, shadowed with the intenti­onal Recovery of their Liberty. Civil Rights, Though the Ro­mans (induced by the foresaid Principle) have, ev'n for Base Ends, subverted; as appears In the Re-infranchisement of divers Cities for great summes of Money from the hands of Sylla, by Ordinance and permission of the Senate: which after falling in Question, the Senate adjudged taxable as before; and the Money so imployed for the Recovery of their Freedom, to be accounted lost to them: Yet should they be inviolably preserved by their Mi­nisters. First, in regard that the Majesty and Purity of the Laws are thereby better maintained. To which purpose was grounded The stability of the Decrees of the Meedes and Persians: Though, as irrevocable, not without danger of Damage in the Conse­quence. [Page 32] That Council or Prescription being evil in it self, which can no way be changed.

Secondly▪ In regard of their particular Interests, that mannage it, inherent to the Publick: Who should in Reason have a jea­lous Circumspection not to give way to the Infringment of a Law in being, though for the publick Benefit, since all mens Lives and Properties therein involv'd, from such a Precedent, They in the Future may receive like dammage.

The course of Private Rights hath found more Favour with the Romans, though to the publick Prejudice, yielding a slave Per­mission to conceal his Master, though under the Conviction of High-Treason, without Impeachment. Epiminondas (though possessed with the highest and most noble Passion for the publick Good) esteemed him a wicked Man (though never so good a Subject) that spared not in Battle ▪mongst His Enemies, His Friend and Host. Manente in Memoria eti­am in Dissiduo publicorum Faedorum privati Iuris. Ev'n in the strife for Publick Rights, retaining still the memory of private Tyes.

Much more forcible and dispensable from the Prosecution of Publick Advantages, are Natural Rights. Non enim Patria praesta [...] omnibus Officiis, & ipsi conducit pios habere cives in Pa­rentes. Our Country is not advantaged by every Office, It being profitable thereto to have Citizens pious to their Parents. We must rather approve of Zal [...]cus Locenfis that Fathers Example: Who, in Favour of his trespassing Son, parted with an Eye to the Satisfaction of that Law, he had made against Adultery. Then of Posth [...]mus Dictator His who caused his Son to be put to Death for Infringing His com­mand * Manlius Torquatus. in his Absence, though thereby invested with the spoils of His Enemies. As for Iephtha's Sacrifice to his rash Vow, we may rather look on it, as a just reward to his Impiety, then a warrantable Tryal of his Zeal.

This Rule of Right may seem yet farther to extend it self, ev'n on the Confines of Hostility (where the very Image of Iustice seems effaced in every Delineament) summoning Mans captiv'd Reason to the Appeal of common Decencies in Hu­manity. On this Intent was grounded a custom among the La­cedemonians to sacrifice to the Muses, on setting forth to War, the Martial Fury might, by their ascribed Mirth and Sweetness be temper'd and allay'd.

But to return to application of Her former Distinctions to [Page 33] the usage of our Minister, forming his will to the exact Prescri­ption of these Her differing Objects. Though the Nature of His Ministry may seem not fully to extend unto the execution Thereof, as proper only to His Substitutes. Yet since such act but under His Commission, we only Him consider, as the first Mover of such Instruments.

Under the shadow of the three former Distinctions were figu­red three Faculties necessary to the Exercise of Iustice in her se­veral Objects. A clear Intelligence of the Subject agitated. Power and Courage to Punish or Protect. An unintressed and impartial Inclination to educe either into perfect Action.

1. To the Acquisition of the First Faculty, it will be neces­sary not only to make an exact search into the Litteral and Vi­sible sence and coherence of a Subject in Discussion, but there­withal to sound the secret ground or purpose of such a League, Covenant, Contract, Law, Decree, or Act whatever from the Collation of Times, Circumstance, and Persons, in which, for what, and by whom they were passed, enacted, or Confirmed. It being inconsistent with the Dignity of a Legislator, to catch at nice Terms, or Distinctions to shadow an evasion from the true Intent. Or to leave such Incong [...]uities or Obscurities in those Decrees, Acts, or Commissions, formed by his Council, as may lend appearance unto sinister Practices in Ambiguity, which may instead of Aids to the oppressed, become snares to the Innocent.

2. The second Faculty, consisting of differing parts, must be assum'd from distinct Subjects. Power from the Authority un­der which He doth officiate. Courage from himself, to put that Power indifferently in Act; Both which we will consider as immediately contingent to His Ministry; properly and pecu­liarly seated in Advice. In Delivery whereof, He may in Right, challenge an unquestionable Priviledge of Liberty, being au­thorized by the Election of a Prince or People, and the Recep­tion of His own Society; not erring from the Propriety of Time, Circumstance, and Order. A Consultation else seems indirectly managed, concluding, or Impulsively, or Omissive­ly: And our Minister there posited but a Cypher to lend more value to the Ordinance. It will appear a gross piece of Mockery, to accept of any One to Council, but onely to af­firm what others shall propound: Nor can the Advantage of Number claim a Right of Opposition, because it may a Right of Institution. The Integrity of that Vote must pass but for suspected, endeauours to avoid the exactest Trial. And Truth may sometime so happily expose herself unto One Mans Con­ception, as his evidence in Her Distinction may oversway the Censure of a Multitude. His Power to agitate thus unprescrib'd, [Page 34] will lend Him yet but small Advantage to advance the publick Interest, unless he can attain like freedom from himself. If either the Gravity, Preheminence, or Reputation of others sufficiency united or divided, fetter with Awe the Faculties of his minde in a servile Subjection, Dependence, or Relation. He not only thereby will betray His [...]rust, but ev'n degrade himself of This his Dignity.

3. The latter Faculty is the suspension of the Sense from all exterior Objects. From this Obscurity is Iustice brought to Light: It will little avail the Dispensation of Rights, to be indued with a Judgement to Discern, and Power to determine, if the corrupted will disguize the Impression. How far the Pub­lick welfare should weigh down all private Interest, is figur'd to us in the Integrity of Regulus, Who, being a Pris'ner to the [...], had freedom on his word to repair to his Countrey, pro­vided he would move the Senate in their Behalf to an Accord, and failing thereof to return to them. Regulus, on the first overture of the Proposition to the Senate, finding them in Respect of his Safety to incline to an Agreement with their Enemies, laid open all the Damages that would thereby ensue unto the State, exasperating them with earnest Passion to restore the glory of their Arms in Ex­ecution of their Enemies, which being assented to, They neverthe­less opposed his Return, lest the wilde fury of the barbarous Foe, hereby incensed higher, should act the vengeance of their Rage on him. But he not so to be detained, returning to their hands, became a Martyr to the publick Interest, and his private Faith.

XIV. Of Fortitude.

DIvers Nations have held This Endowment in so high an Esteem, that they have not onely given It the Pre­heminence of all Civil virtues, but under the sole Distinction of This, have farthermore implyed All the Rest; Among which the French intimating a Person indued with General Worth, instyle Him valiant, after the manner of the Romans; who lent virtue Her Denomination from the Etymolegy of Force.

Whither this Custom proceed from the natural Propensi­on of those Nations to the Exercise of this Faculty, or the proper use Thereof, is not easie to determine. Yet is it proba­ble that this was the First vertue, which visibly imparted Her self to mankinde, affording one advantage o're the other. Others, Contrariwise, considering the use Hereof, in Reference onely to exterior Objects, have so farr detracted from the Ex­cellence of Her Essence, as to lend Her at most, but a condi­tional Being in Competition for Preheminence with the former virtue Affirming, That there were no use of Fortitude, if Men were Iust.

[Page 35]Antiquity distinguished, This Faculty under the Figure of a Virago, armed with Casque and Cuirace, a Javelin in Her Hand, the blunt End thereof posed at Her Foot; which Po­sture some confined to a fixed Station.

The Person under which the Mystery of Her Essence is sha­dowed; though of the same Sex, the other were figured: yet (besides Her exterior Investure) seems to have some thing in Her Aspect, distinguishable from the Rest, peculiar to Her Quality, implying a more Masculine Temper.

Her Armature, being of differing Nature, Defensive and Offensive; inferreth distinct uses, in Reference to one only Object, proper Safety.

The Position of Her offensive Arme implyeth Her Nature to be Accessably communicable,

The Stability of Her Station would intimate the Constan­cy of Her Resolution. This latter Distinction, Socrates in Plato condemns, deriding Laches, the Inventor; Askt, if it were then Cowardise to beat an Enemy in yielding him our Place? alledging far­ther Homer for Authority, who applauds Aeneas for his Dexte­rity in the Science of Retreat.

Some have yet farther lent a Distinction to Her proper Na­ture, figuring two Kinds Thereof▪ Philosophical and Military Fortitude; yet, if we shall consider the Latter without De­pendance on the Former. We must so far dissent from the ap­proving such a Difference, that we cannot so much as entitle the Latter to a Participation in Her Nature. Since we see ma­ny Men (more through the Advantage of their Constitution, Passion, or Custom, then the benefit of their Reason) have assumed such a Habit of Resolution in the Exercise of Arms, as seldom formed is, by the most regular Discourse, the proper seat of Fortitude; which can admit of Ignorance nor Vice for an Associate in Her Faculty. The Latter was a stain to Caesar's Magnanimity, encountring, if not intending the Ruine of his Countrey.

Epaminondas's Practice in Arms attained onely a Capacity re­ally worthy of so high an Attribute; whose exercise herein encounter'd the most Plausible and Legitimate Object. The Safety, Peace, and Glory of his Countrey, disjoyn'd from all peculiar Interests, so little took with Glory, or Reward, he always was too scrupulous ev'n to avoid Their shadows, as­suming an affected Poverty.

If we shall yet farther weigh the Quality of This Distin­ction, as proper onely to the use of Arms; we may positive­ly affirm This Function to be only a distinct Subject of Her Exercise, no distinct property in Her Nature; which arms the Mind with a constant and uniform Resolution against all [Page 36] the assaults of Fortune, as well as the weapons of our Ene­mies. Yet in Respect the course of Armes (lending a more ample Theatre to Her Action) exalteth the Perfection of Her Essence, rendring Her Effects more communicable, we may allow It to be the most eminent Subject, whereon Fortitude can properly be illustrated.

Which Subject, though not properly inherent to the Fun­ction of our Minister. Yet since it accidently may associate It, we shall desire, that He may be indu'd with Faculties of Mind and Body proper to the use Thereof; not so much for the ostentive Tryal of This His splendid Attribute, as in per­suit of many other Advantages, redounding to the publique Benefit, which probably may ensue His Managing thereof: Being not only of approv'd Fidelity to warrant His peculiar un­dertaking, and of a General sufficiency of Mind to Order it; but by his frequency in Council, endued with a clear Intelli­gence, ev'n in the secret Mistery of publick Purposes, more perfectly to guide His Enterprize.

To appropriate more peculiarly This virtue to our Ministry, We will consider the joynt Society of this our Civil Frame, as the Inspiring Soul is to the exact composure of the Body. Thereby more visibly to find the proper uses of Her Facul­ties, under the Constitution of Her former Figure. Admitting it for granted, that This, as all other virtues whatever, must first be rationally digested into a Habit of the Mind, before it can be properly educed into useful Practice. The proper seat of Fortitude from whence still issueth Influence to animate the Members to Her Exercise, being (questionless) the joynt Con­cu [...]rance of the Interior Faculties of the Soul to a Rational Prescription, resulting from Discourse. Forming This a Paral­lel to our Society, as the first mover of our Civil Body, we may conclude, The joynt Agreement of their Consultation im­mediately necessary to the common Safety, the sole Object of His Eminent Virtue.

Persuing the Parallel in Her exterior Investure, we shall meet with some useful Notions in Reference to our Civil Structure.

The principle Parts of Her Armature, we will first consider in their Nature, then in their Order or Position; which be­ing only Defensive, informs us, that the most Natural and just Cause of taking Arms, is the opposition of the Assailant.

The Order or Position Thereof intimateth, what Places in a Common-wealth are chiefly and soly to be fortified. The most Noble onely; as the Head, the Seat of Council, and the Breast, The Receipts of Commerce.

The other part of Armature we will revise according to [Page 37] to the Nature, Number, Figure, and Fashion thereof.

The Nature Thereof being only offensive; Implyeth that a State is but halfe secured, that standeth onely on Her own Defence.

The number thereof being only single, inferreth the due Proportion of offensive Arms, in respect of the Defensive, which are double.

The figure thereof being long, implyes the proper use of Arms of This Nature, ought to have extent, remotely mana­ged from our Civil Union.

The Position thereof seated in a passive Posture, inferreth, That a Nation ought to be invested with Arms of this Nature, as well for Ornament of Majesty, as Use.

To fashion yet This Vertue to the peculiar usage of our Mini­ster, whose advice only being to us of use. The exercise of This Virtue doth herein only tend to keep the source thereof ( his Reason) clear untroubled and unblemished. As the general Agreement of a Council to her prescription, can only make a Consultation useful. So the mutual concurrence of His Inte­rior Faculties to her order soly contributes to the exact form­ing of His Judgement. This is the proper seat of Council, and as the noblest parts must first be fortified against the assaults of all Licentious Passions, the only Enemies on which our Minister shall, in his Function, have occasion to exercise this faculty, to keep His [...]evated thoughts in a tranquil serenity. The Fancy and the memory hereto communicate, are (as the Parts of Civil Commerce) next to be secur'd, lest the Former precipitated or pre-possest, the latter surcharged or diverted, should or corrupt, or else obstruct his Judgement.

The offensive Arme he ought to use against the Incendiaries of this civil Insurrection, is the reversive Opposition of their mutual Force, one Passion being aptly supprest by the suggesti­on of another; yet not with freedom to their proper Motions, but under Reasons Conduct, which only can yield every one a proper allay to their looser Temper, and form their being useful to Her self, wasting or diverting their harmful violence on One Another.

The manner of His encounter with these Adversaries, (as was prefigured) ought to be mannag'd at remotest Distance, it is not safe to close or grapple with our Passions, but rather them to smother in their secret issues. Thus regulated, his very Pas­sions will not only become useful, but graceful in Discourse, and render him not only agreeable to others, but pleasing to him­self.

XV. Of Temperance.

THis Faculty may properly be said to be the exact Test to the Preceding Virtues, lending each One their true Di­stinction▪ what allay the Nature of every Virtue yields to the Embellishment of our peculiar Actions, such allay This (to the refining of their Nature) imparteth unto them.

Such is the imperfect condition of humane Nature, that no sooner handleth the fairest pieces of Divinity or Philosophy, bu [...] immediately it corrupts the same, rend'ring, ev'n in the excess▪ That scandalous, this unsociable. Grounded on this Observati­on are the Inhibitions issuing from the Authority, which form [...] their proper Nature. The sacred Letter adviseth us, not to b [...] wiser then we ought, but to be soberly wise. And Callicles in Pla to, saith, That the Extreams of Philosophy are so far from being useful, they become ev'n prejudicial to the Practicer.

This Faculty may seem to be more difficult then the rest. In­somuch as her Nature is exercis'd on a more elevated Subject regulating the secret Motions of their Properties: Other Vir­tues have more visible Prescriptions, But those of T [...]is so curi­ous, they seldom are exactly scrutable. Yet as Her Traces are more secret, so are Her Graces less ostentive then Her Associ­ates are. Their splendid Lustres seem to [...]avish the intentive spe­culator. The humble Modesty of This at most, but to invite. Yet with so smooth and uniform a pleasure, as the Eudosians (of that Sect, who only therein places the chiefest Good) under Her Conduct, form'd their high enterprise.

Antiquity figured This Virtue under the Dimension of the same Sex, as formerly the Rest, holding a Cup full of Wine in Her Hand.

Under the shadow of which single Action, implying the Es­sence of Her simple Nature: Of all vertues This gives us the nighest Pattern of Mans first Felicity. Other Vertues have more violent Efforts, and require more exquisite Capacities in Mana­ging: yet sometime nevertheless, in their Severity, do seem to shock the Image of Natures Purity; which is to This a perfect Guide, and She to Her a faithful Minister.

If we shall truly consider the Idea of Socrates Discourses; ev'n in the last and exactest Tryal of his Vertue, we shall evi­dently perceive, that the transcendent Excellence of his Minde was erected on the humble Scituation of This Virtue, neither in [Page 39] Sence or Demeanor figuring so much as the smallest Appear­ance of Emotion, Force, or Constraint, but with that Calm Facility, delivering his Plea: as Vertue had in Him cast off all Difficulty, the Foil lends Lustre, if not Matter, to Her proper Essence: The Prize of Vertue consisting not in the High, but the orderly Exercise of the Soul; not in Greatness, but Mo­deration, which regulateth every Faculty thereof, according to the first Institution, and innocent Condition of Nature. To reflect more particularly on the Nature of Her Action figured, which seems to be the Regulation of that sense, most prone to exceed in her Licentious Ministry, and in that Quality of Mat­ter, which soonest seizeth on the Natural Light. Under the Ob­ject of This Sense of Tasting, is figured the Appetitive Fa­culty of the Soul, as well as that of the Body.

From the Nature of the Action, which is a necessary sup­port to humane Nature, is figured the Necessity of the Work, whose end is, in the use, confined to Her measure. From the Position of the Subject, which is in Hand and View, we may collect, that the exercise of This Vert [...]e hath only Refe­rence unto Subjects, which fall within the Compass of our knowledge, Practice, and Possession; In which respect, Absti­nence is totally excluded Her Affinity.

In the Quality of the Subject is figured the difficulty of the Work, both in regard of the volubility of the Matter, and the alluring Faculty of the Nature thereof.

From these figurative Distinctions, we may happily form some Notions essential to the usage of our Minister: How ne­cessary an Exercise This is, will appear in the Advantage or Be­nefit of the use, which tendeth to the due Regulation of every Sense and Passion to the Ministry of Reason, the only light to all his Consultations; which Passions are the very Springs that lend the Soul her proper Motion: which if extinguished, ac­cording to the usage of the Stoicks, the Soul, as Mountaign sayes, Would remain useless in her Functions, like a Bark at Sea, suspended from the succour of the winde: But if the Passions were abandoned to their irregular Motions, Reason would be transported from her proper seat, with violence of the Agitation, and the exterior Senses become disabled to Her Ministry.

In which Respect, that excess in the use of Wine should pro­perly precede a Consultation, as necessary to the Establishment of Council, may justly be esteem'd, if not a Contradiction, so gross an Absurdity, as no Custom can Authorize, or example parallel: yet among the Persians, it was an order so frequently and strictly observed, that it became at length digested to a Rule; on what reason, so extravagant a Custom should be grounded: Reason it self can scarce produce Conjecture, unless [Page 40] it were by such excess of Wine to animate or correct the vital Spirits in a defective Temper, become so through the innate Intemperature of the Climate, Age, Constitution, or Habit of the Practicers: Which usage. in Mountaign's Observation, so happily encountred the Temper of a Minister of State in his time, That he affirms His Enemies felt often the Effects thereof to the common prejudice of their Affairs. In which Regard perhaps the Discourses of Philosophers have handled this Vice so tenderly: And the Stoicks (who admit of no Emotion) have usually dispenc't with this, if not encourag'd It, unto the Re­laxation of the Spirits.

And Cato the severe Censor and Corrector of other mens manners, hath been nothing Scrupulous to avoid reproach in this,

Yet can we not in reason admit of the excess thereof in usage of our Minister; not only on the point of publick Consulta­tions, wherein the most passive minde hath more need of the use of Lead, then of Plumes: Weight to counter-ballance the irregular Agitations thereof, then Fire to incense them: But al­so in the private Regularity of the whole Course of his Life, both in respect of the licentious volubility it lendeth to Dis­course, endangering thereby the secrets of His Trust, as also the ill Habit may be in Nature form'd, who suddenly, through use, may be induced to expect such artificial Aids, else fall ab­jectly from her proper vigour. The effects of Wine working but by unnatural, unequal, and constrain'd Efforts on the Ela­tion of the Spirits; which when exhal'd, as Springs wound up beyond their Pitch, become relax't, left to their proper Moti­ons: So that such Practice took in the perfect'st use, will rather seem a Mark of His Infirmities, then lend a Grace unto His Faculties; which thus acquir'd, can, at the most, entitle Him but to a borrowed sufficiency, not properly His own: yet if accidentally the liberty of Wine might in excess be Licensed, it should be under Limits of the Carthaginian Restrictions, which were, That every man should be therein sparing on Martial Expe­ditions: That every Minister of State or Magistrate should abstain from the use hereof on Consultation of publick Affairs or Executi­on of their Charge, That therein the Day were not imploy'd, nor that night design'd for Procreation.

[Page 41]Many men, through the Impotence of their Nature, or In­digence of their Fortune▪ may seem to assume a passive Resem­blance of the Image of This Faculty in their Actions, when really the very shadow thereof was never fas [...]ion▪d in their Thoughts, the Exercise of this Vertue must have an unprescribed Theatre to represent Her Lustre: and a clear Judg­ing Intellect to regulate the will. Action is Vertues Nature, and Difficulty▪ Her Life: Her Productions are no [...] passive no [...] Impulsive; neither is the Object of this faculty seated in the sense, but in the exact ordering of the Interior Faculties of the Soul. Cato inferr'd no less, when on discovery of Caesars Amor­ous Letter in the Senate, he reproacht him with the title of a Drunkard, who was, elsewhere affirmed, to be the only Man, that e're came sober to the Ruines of his Countrey.

How difficult an Exercise this is, may be collected from so numerous a variety of Objects of repugnant Natures, both Ex­terior and Interior, which continually sollicite the appetitive Faculty of the Soul to shun or to embrace; affording it in so flu­ent a Distraction, no Intermission to deliberate on the Election. Of all which, we will here only for brevity, advise our Minister to be vigilant on two, as more especially co-incident to the Corruption of His Ministry; Envy and Ambition. Of Mode­ration in Occurrences, which may lend Fuel to their Passion. Cato's Demeanor affords us a most singular Pattern, who suffer­ing a Repulse, in competition for the Consulate, was so far from the attain [...]ure of any indecent Emotion on the Distinction thereof, that he wished all his fellow Citizens were indued with so eminent Faculties, as to be preferr'd likewise before Him.

XVI. Of His Election.

HAving thus accomplished our Minister's Person, and po­lished His minde to the exact Exercise of His Ministry, it will be requisite to agitate on a certain method, which may infallibly educe Him into Action, without the help of Fortune, we frustrate else the scope of our Intention to leave His Instituti­on to so blinde a guide, whose influence (to make her Pow'r ap­pear more eminent,) will rather be imploy'd on Subjects want Capacity; then elevate such, whose worth may claim a share in her secluding Ministry: On which course to advise ere we pro­ceed, we must prefigure a distinction in our Subject, not in re­ference to the Nature thereof, but the Institution: Of which there are two kindes, Special, and General.

Special Ministers, Such as are instituted by the sole and im­mediate Authority of a Prince or State.

General Ministers, Such as are under the Authority of their [Page 42] Orders, instituted by the joynt Concurrence of the people.

To treat whereof di [...]ly e're we insist, we shall reflect first on our Minister's Demea [...] in refe [...]ence to his Institution of what kinde soever; and impose on Him a severe Interdiction, neither obliquely nor directly, by Personal Solicitation or friend­ships Intercession to move for His own Introduction, or any otherwise appear therein▪ such Agi [...]ion being a procedure al­together unbecoming the dignity of His Office, The Perfection of His Endowments, and the Integrity of His Intentions,

1. A Blemish to the Dignity of His Office, in regard such Competition and siding, rather figure our Purpose an Object of our private Commerce, then of the publick Benefit, every man expecting to be advantag'd in their private Interest by Him they have advanc't to a capacity to farther it. On the other part, the pretender implicitly inferrs no less in His abject, assiduous, and mercinary Addresses, which if successful, inthral the free­dom of his minde in civil Tyes, which must be dis-ingag'd at ex­pence of the publick Interest.

2. It is moreover inconsistant with the very Appearance of those Perfections, which should intitle Him to any Right in this His Dignity, to assume such vanity in His ostentive claim, as to become himself his proper Advocate: Vertue for such can scarce be qualifi'd, that secretly propounds but to it self a Re­compence, much less fo [...] such, that publickly shall challenge it, as her own property.

3. It farther renders His Intent suspect to prosecute His pur­pose with such Ardency. Vertue, 'tis true, can have no nobler Object then the publick Good (which must exalt the very es­sence of Her Nature) rendring her Effects more communicable: Yet her progressions are nor violent nor irregular. Such Efforts may be shadowed with her Attribute, yet are but secret masks to Avarice and Ambition.

To persue the Order of our Discussion on the Distinctions of His Institution. We first must agitate on His especial Ele­ction, which soly and immediately depending on the Arbitra­ment of a Prince or State, the success only rests in their Directi­on: to which, since the capacity of Judging in a Prince, is of­tentimes obstructed by his proper inclination, Others Intercessi­on, or by a remote, reserv'd or disguis'd Communication. It were far safer to require the Presentation of His Minister from the concurrence of the Society, to which he is to be a Member, under adjur'd Prescription, That without fear or Favour, they shall impartially propound no Person to his Trust, for any other consideration whatsoever, then for the advantage they conceive he holds or'e other in His Sufficiency and Integrity. And lest the Nature of this Method might bear some appearance to [Page 43] form a Faction. The whole Society, if of too large a number, may be reduc'd into a small Committee, whose joint concur­rence onely should have force to nominate the Pretenders, which might amount to such a number, the Majesty of a Prince might in the vast extent thereof, remain unblemished in the E­lection.

The special Election of Ministers, under the sole and im­mediate Authority of a State, requires more Caution, be­cause more incident to Faction. The Election therefore (un­der the same Prescription) should yet be more obliquely ma­naged, removing it far from the Interessed, by changing sun­dry times the Instruments thereof, who thereby should exclu­ded be from such Pretension. No Elector near or remote, retaining a Capacity to be Elected, after the Venetian man­ner: for example, The whole Society makes choice of Fifty Commissioners, which Fifty institute Thirty, which Thirty select Ten, which Ten Three, which Three determine only on the Election.

The General Election of Ministers, whose Institution hath (with the Princes or States Authority) relation to the concurrence of the People, is yet of higher consequence then the rest; Insomuch, as in such consultation, Laws are usually enacted, reformed or repealed; new Impositions leavied, and weightier Enterprizes managed or design'd; In all which chan­ges, the People make an essential Surrender of their For­tunes, Lives, and Liberties to His Trust, without pretence of Reparation, the Issues being damageable, since licens'd by Their proper Act; It cannot therefore in reason, be a proceed­ing warrantable in the selecting of this Council, to commit the establishment thereof soly to the Direction of a shallow mul­titude, whose souls do seldom move to other Object, then the sense, prefiguring (in Reference to the Competitors,) ra­ther who makes most frequent and most sumptuous Feasts, wholets His Tenants set at easiest Rates, then who hath gi­ven the fairest proofs of Prudence or Integrity, both in the model of His private Oeconomy, and in the intercourse of pub­lique Commerce. Furthermore, admit the Rabble of Capacity clearly to distinguish Agents proper to our Ministry. Their Estates for the most part, have too much dependance on ano­thers will, to leave theirs so much liberty might make the E­lection free; so that of necessity, the rich only having advan­tage in the number of Tenants, acquiring the same in the number of votes, may claim His Introduction, by an unque­stion'd priviledge, so frustrate, if not pervert the Intent of our Convention; which Inconvenients to avoid, we must collect a compound Method of Election from the preceding Models. [Page 44] First, not to infringe the Immunities of the People, the course thereof may thus (without suspect of prejudice, or to them­selves or others) Commence and Terminate in their Agi­tation.

Commission issueing from the supream Authority of a Na­tion, being directed to County or Corporation for the E­lection of a Minister unto a publique consultation, whither such Order extend unto Freeholders, or Free-men only, or unto Masters of a Family in General; it is not much materi­al, provided, they shall only (under the said Prescription) by the advantage of their votes, design a new society of a much smaller number, to agree on the selecting of a less, which should return unto the first Assembly, a double number of the Ministers proportion'd for that Place, from which they only might select their choice.

XVII. Of His Institution.

OUr Minister thus advisedly and authentiquely Elected, to illustrate His Admission with more Grace and Order, we shall proceed unto the Manner of His Institution, which as we formerly have distinguished, we will distinctly handle.

If, as a special Minister, his preceding Election terminate onely in the agreement of a Prince, an Order onely issueth in His name to specifie to his Minister the Grace of His E­lection, with Summons to repair to him for His Instructions, to which appearance made, our Minister at first Aborde on Oath,▪ shall yield an Evidence he hath, nor secretly, nor si­nisterly practised with any to procure His Introduction; to which the Oath of His Alleageance tendered, He is admitted to attend the Orders of his Soveraign, from whose peculiar consultation He is to be enlightned in his purposes. What en­terprizes have preceded, what yet in Agitation, what designed, how persued, and whereon grounded; to the Intent our Mini­ster may not come blindly unprepared to officiate, whereon proceedeth a command an order be addressed to his Council for His Reception.

If as a special Minister, the concurrence of Commissioners of State, or else their substitutes determine the Election. The intimation thereof is by the immediate Electors returned to the primitive Committe, from whom Order issues to the Party Elected for his personal attendance, on whose appearance the examination of the Manner of his Election is in like Method persued, the National Oath tendred, Instructions passed, and such Remonstrance returned to the Senate to authorize His Re­ception.

[Page 45]If, as a General Minister, His Election extend yet farther to the concurrence of the People. The Election, as aforesaid determined by them, may b [...] the Officers of that Shire or Corporation (authorized to o're-see the course of this Electi­on) be inferred forthwith to the Party chosen, with summons to repair to Them for his Instructions, upon whose Presenta­tion His Testimony as aforesaid on Oath delivered, to ratifie His Sincerity in course of His Election. The National oath of Loyalty, with that also of His Fidelity to the Peoples Trust being tender'd Him; the overture of all their Grievan­ces and Requests, may by the foresaid Officers be made to Him, to be prefert'd to the Supream Authority, to whom they by certificate return the Authority of His Election.

XVIII. Of His Reception.

HAving attain'd His Writ of Institution our Minister is thereby required to make his next Addresses to the spe­cial or General Society (or Officers designed to precide the same) for His Admittance. The nature of which Ceremonie retaining the same Objects in every Distinction of the former Divisions, will concurr in one common Method; presenting to our Minister a strict and solemn Injunction, consisting of Two Principles in reference to the Integrity and Success of His Council, Impartiality and Secresie.

How prejudicial the Nature of a partial Judgement is to the Establishment of a secure Advice, may to every common sense be evident in the woful Issues of sundry publique con­sultations, where the privately interessed Agents, under pre­tence of common benefit, invest them with the common spoils of their own ruin'd Countrey.

As unbeseeming also is it to the Honour of our Minister to betray the Trust of others to the Advantage of His private ends, and so deface the very Image of His Creator, belying His own Reason in favor of the Sense.

Secresie is also, in the very Nature thereof, no less Requi­site to the success of a mature Advice. Publique Designs are often frustrated by common Rumour e're they are put in Execution, nor becomes it the Dignity of our Society, to make their daily Agitations of so little weight to be the Sub­ject of each idle Censure, e're they are fully formed for a timely Issue.

Which Ceremony finished, and His Name by the Clerk of the Assembly Registred; He is, in Order to His Election admitted to His Seat. And if a General Minister receiv'd, ac­cording to the Roman Manner, passeth Pater Conscriptus.

XIX. The general Object of His Office.

OUr Minister thus imbarqu'd for publick consultation, lest so high an erected Mind should improfitably float on the surface of a doubtful Agitation, and be transported from our use by every irregular Emotion. It will be requisite He always have in view the perfect Object of His Institution, the better to direct His Course, through the Transaction of His Mi­nistry, He may at no time deviate from His glorious Enterprize.

All Nations, Sects, and Factions, how differing soever in other Opinions (or repugnant in their Practices to the Na­ture of their own Distinction in this) agree in the Exposi­tion of the Object of our Ministry, positively affirming It to be the Publique Good; But in what, the Nature of this Publique Good consisted; few have sufficiently enlarg'd upon, so con­sequently, obscurely, but persu'd her Acquisition; yet under what Definition soever this publique Good hath been figured in the Discourses of Immaginary Common-wealths; the secret Practises of all Essential States (exactly discover'd in their un­disguised Issue,) will truly inform us, the means to attain this Common Good, neither is, nor ever hath been really believ'd to have been rais'd on any other Baise then Wealth, Greatness, or Glory. Which since so generally and passionately persu'd by each united Ministry of State we briefly will examine, how farre such Attributes have or may conduce to the exact con­texture of our Edifice.

First, If we shall reflect on the Effects of Wealth, as uni­versally dispensed through the several Members of a Civil Frame, proportionable to the Quality of every part thereof; we shall find just Cause to suspect there may (ev'n in such Affluence) be an excess, which might be inconsistant to the perfect con­stitution of a Common-wealth. And although Riches may be said to be the Nerves of Warr, armes the security of Peace; Peace the Crown of every Civil Enterprize, yet it must still be with this Limitation; That It may be proportion'd to the use, Hold­ing therein a true Analogie with the Natural Body, which recei­ving the most perfect Element whatever, and thereof forming the most perfect Coction and Distribution, may yet never­theless, (as Naturalists inform us) in an unequal Repletion, become Plethorique, quòad vires, and quòad vasse, both in Re­spect of the natural vigor, or in Regard of the natural vessels, and so consequently, either suffacate or extinguish the innate Heat. The proper instrument to all the Faculties thereof, or else extend the Organs beyond the true capacity of their Con­tinent to the Production of a dangerous Rupture.

[Page 47]Persuing the Parallel to this Pattern, we (from the Image of this prefigured Distempers in the Natural) may visibly col­lect like Inconvenients inherent to the Affluence of Riches in the Civil structure. In Reference to the four natural Hu­mours, either actively or passively receiving several Dispositi­ons or Aptitudes to form the like Disorder.

1. In the Sanguine Temper, Plenty procures Wantonness, Wantonness, Lux; Lux, Riot, Riot the extinction of the Na­tural, Vital, and Animal Spirits; the immediate Instruments whereby the Faculties of the Soul are educed into act▪ A proof of this opprobrious Termination is figured to us in the Translation of the Assyrian Empire from Sardanapalus, to the Medes and Persi­ans, and to the extirpation of the Persian Empire by the Greeks; who as a latter Historian sayes, came equipag'd to the Encoun­ter of their Foes, as if design'd to celebrate a Mask, rather then to execute a Fight. And from thence also sprung the Ruine of the Grecian Glory, as appears by Hannibals Judgement of Antiochus Army, when in their ostentive Bravery presented to his view: And by the Macedonian King demanded arrogantly, If that his splendid equipage of War were not sufficient for the Romans, replyed scoffingly, Enough, Enough, were the Romans the most covetous Nation of the world.

We might here farther instance the several Breaches the suc­ceeding Roman Empire suffered by the like Distemper in sundry changes of the Constitution of their Government, under the Rule of some Licentious Princes; As also the Tragick Issue form'd from hence to Anthony and Cleopatra's Naval Gallantry. But, such extent of Examples (though otherwise agreeing to the Reader, we have, from the first entrance on this work, re­solved to avoid, how fluently soever they might fall into our memory. In that they possibly might swell into a Bulk, not answ'ring in proportion to the due Structure of our Treatise. And so instead of Ornament and Illustration to our Arguments, dis­guize the uniformity of our Method to the obscurity of the sense thereof; which here to re-assume, we must again reflect upon our premised Distinction.

2. A fluence of Wealth meeting with a flegmatick Temper, enduceth Security; Security, Neglect; Neglect Sloth; Sloth benumming the Natural, Vital, and Animal Spirits, depend­ing on each others circular contribution, extinguisheth the In­nate Heat, so consequently tends unto the same destructive Issue.

3. Riches encount'ring a melancholly Temper, forms a de­lightful Scene to entertain the flattering thoughts with Love of their own Image: Self-Love swells to Self-Conceit, Self-Con­ceit to Pride, Pride to Ambition, Ambition to the actual Com­bustion of the Civil Frame.

[Page 48]4. Opulence invested by a Cholerick Temper, foments a nice Dislike, Dislike cherisheth Passion▪ Passion Stubbornness, Stub­bornness Temerity, Temerity Presumption, Presumption Strife, the common Incendiary of a civil union. Secondly, The effica­cy of Treasure, in relation to the Publick Good, examined, when engrossed in the Exchequer of a Prince or State, may yet be judged of less prevalence to the due forming of our persu'd Ob­ject; considering that such affluence to the Publick stock, at length exhausts the private sources, furnish't the encrease, ac­cording to Trajan the Emperor's Similitude of his Treasury to Tumors of the Spleen, as which encreas'd the other Members of the Body still were Lestned', and at length perished, deprived of the due proportion of their Aliment, unseasonably attracted to foment such Disorder: So common Receipts seldom become enriched but by the general Impoverishment of the people: Which Indigence so disableth their faint Bodies, and dejecteth their servile minds, that they are neither useful to the Commonwealth in time of Peace, to lend It ornament or enlargement: nor yet in time of War thereto to contribute or Succor or Defence.

To lend more force unto which Argument we may yet far­ther adde, That such Accumulations oftentimes become the only Object of an hostile Invasion, when the indigence of a neighbouring State, opprest with number, debordes their use­less multitude on the most flourishing Continent. To pass over with silence divine Institutions in Reverence thereof, we might affirm this to be the visible motive of the Children of Israels penible enterprise through the Desart to the Land of Canaan, they thereby might exchange their Onions and Garlick for Milk and Honey. 'Twas the deliciousness of their Wine, brought the Gauls into Italy. By the like inducement were the Goths, Huns, Vandals, and Francks invited to the Devastation of the Roman Empire, by which Assaults the Scepter was at length trans­planted from that Seat.

2. The second Tract so frequently in use to aborde This our affected Object, is Greatness: which Attribute, although im­plying vulgarly a double sence, might seem to want a farther Exposition, either in respect of the qualification of our Subject in Power, or in regard of the essence thereof, in Dimension: Yet since the qualification of every Subject may properly be said to be inherent to the Essence thereof, We will reduce the intimation of the former into the intention of the latter. And take a view of this our present Subject, according to the Nature of Proportion, to weigh how far the vastest extent of a Commonwealth, may properly conduce to the due forming of the Common Welfare.

In persuit whereof, if we shall reflect upon the Course of [Page 49] Nature (handmaid to the perfect'st Governour) to see what Li­mits she observes herein to attain perfection in her useful Stru­cture. We may distinguish, that she faileth much of her In­tention, when she encountreth matter dis-proportion'd to the scope of her intended work, and either falleth under the burden of her proper Continent, her vigor spent or weakened e're she is able to communicate her force to the extreams too remote from their principle, from whence was form'd their union, or raiseth to her self but an imperfect and irregular structure; so that the parts thereof, wanting capacity to receive the impres­sion of her Faculties, must hasten to a sudden ruine.

In the former manner sunck by degrees the Roman Empire, under his prodigious Immensity.

In the latter manner vanished immediately the Grecian Em­pire under his unform'd contiguity.

And according to the same method, ev'n Nature her self seems to haue proceeded in the composure of the whole sublu­nary frame, in favour of our Civil union, prescribing scarce accessable Divisions to Scituations of distinct Communities, to facilate that Harmony should so arise from the Agreement of such equal Temperatures, in a close Precinct [...]: which, in a vaster Latitude, suffering unequal Diversities from those various Im­pressions, which the Element, (our common Aliment) conduct to us from the Influxes of the Stars, would prove but too re­pugnant in the parts to constitute so unanimous a mixture in our Civil Composition, as might be needful to a common union. Such bounds hath Nature wisely trac't to the aspiring French. The East part of their Jurisdiction secluded from the Coast of Italy by the Alps; the South from Spain, by the Pyrenean Hills; the North from Germany, by the Rhine; the West from England, by the Sea. So Italy and Spain are by the Ocean wise­ly limited, could but the Rules of Nature or of Reason pre­scribe any to Avarice and Ambition.

3. The third pretended conduct to our Object is Glory. A Tract, 'tis true, not frequently in use, perhaps because not clearly obvious to the refined'st sence; and of most held too slight and inessential a material for the foundation of our Civil welfare. Yet when we shall collect from the first model of the Roman Commonwealth, what speedy progress, and how lasting Atteintures the ravishing Lustre of Her Essence Heret hath ac­quir'd, e're disguis'd with adulterate Ornaments, She appear'd in Her native purity, we may conclude She really out-stript Those Her Competitors in the advancement of Her purposes.

What Soul so stupid that shall but reflect on the attractive Graces of their primitive Vertue, that will not without scruple affirm, that the influence thereof won more mindes to their [Page 50] Rule, then their Swords Bodies to their servitude. Camillus so prevail'd with the Falerians, T. Q. Flaminius so withdrew the Grecians from the Macedonian Aid, by his Humility, Courtesie, and Justice. The Glory of whose Vertue, yet in her antick Ashes, hath so sensibly affected a high erected minde of latter times; (otherwise inattaintable to such Affeteries) That Mountaign▪ he hath left a lasting Monument to the Vanity of his Passion, to be instil'd a Roman Citizen: But the splendor of those endow­ments were suddenly ecclipst, when She corrupted by the al­lurements of her Concurrents, Wealth and Greatness became a common prostitute to their Imposturies. The frailty therefore of This Instrument weigh'd with the Imperfection of the former, in reference to the publick Good, disclosed thus, enduceth to propound more real and distinguishable Lights to the discove­ry of our intended Object, to which the formerly discussed Sub­jects may consequent Associates often be, but no essential Materials to the composure of our Civil Structure, the per­fect'st simitry of Rule to form the publick good, more properly may thus be figured, Where by an Authentick, equal, known an insubvertible Law, the Lives and properties of the Members of a Civil Government are timely and impenibly Secured and Improv'd both to the private and the Publick use: On which Foundation we will endeavour to erect the Structure of our Civil Fabrick.

XX. The Authority of the Law.

MAn, from the fall of his first instinctive Purity, abandon'd to his own Direction, retaining an imperfect shadow of the former light, did aptly qualifie him for the Dignity of his first Institution, in this his Independency, became so arrogant and presumptious, he would submit to no prescription but his will, no not by way of precept, lest such an appearance of ad­vantage in the Intellect should seem to intitle other to a fairer Interest in this his forfeited Prerogative: which inflexibility and repugnance of Spirit enforst the wisest Legislators to have re­course unto more powerful Aides then humane Reason, to re­ctifie and reclaim so licentious and irregular an Inclination (as counterfeits of Moses procedure in his Divine Institution of the Jewdaick Law) pretending all to have received such Prescri­ption, in a supernatural manner, immediately from Heaven. Such speculative Ordinances Lieurgus the Lacedemonian Le­gislator pretended to have receiv'd from thence, by the commu­nity with his Hinde, such Numa with a Nymph, such Mahomet with his Dove: And since they were not able to perswade, en­deavour'd [Page 51] thus to cheat the sense, the corrupt Minister to the will. But such Imposturies may easily be disclos'd in the re­semblance of their prodigious issues, which bear not the simili­tude of their pretended pattern.

The Mosaical Law exactly represented the Divine Character of such a principle, consisting of two united, yet distinct Ta­bles, as containing Subjects of a differing Nature, in reference to one only Object, Common Union; which equally was ex­pounded by the holy Word, Love God above all things, and thy Neighbour as thy self: From which compendious stock were ex­tracted by the inspired Minister (for Illustration and Eclarcise­ment) the issuing Branches of the Ceremonial, and the Moral Law. And although the result of the first Apostolical Council seems to dispence with such Ordinances, as a yoke too weighty for their Fore-fathers: yet is it questionless to be suppos'd in Re­servation of the original; in which Distinction the Cabalists generally seem also to agree: affirming the Decalogue only to be the Law of God, the Appendices the Institution of Man. This Exposition the sence of Moses words (in the Publication thereof) seems implicitly to confirm. The Preface to the Prin­ciple Decrees being, God spake these words and said. The Intro­duction to the Collateral, God spake unto Moses and said, say un­to the people. In consequence of which Argument in obedience to the Institutor, we will positively admit of the principle, as a Rule unto our Ordinances, and in Reverence to his Minister, not neglect the Appendices, as a Light unto our Institutions, how which hath been, or yet may be pursued to the exact con­stituting an unquestionable Authority to a Law, We farther will examine. The Ornaments most in use to the investure of this awful Majesty of Rule, are either (in regard of the Act) form­ed from Antiquity or Custom. Or (in respect of the Actors) from their Virtue or Pow'r.

Between Antiquity and Custom (in Relation to common Rights) there is only this Distinction: The latter may proper­ly be said to be the unform'd and illegitimate Issue of the for­mer, unform'd in regard it bears not the distinguishable signa­ture of a digested Law, though it executeth the priviledge thereof, extracting the Virtue of such efficacy from Toleration▪ rather then Commission. Illegitimate in respect the Original thereof alwayes is ambiguous.

1. Antiquity (for Reception) pleads the Perfection of Her work, from the stability of the materials thereof: the Propri­ety thereof to the use, from the Facility of Her burden (form'd in a long digested Habit) the consequence of the continuance thereof, from the common danger inherent to an Innovation. The essential weight of all which Arguments, we farther will endeavour to discover.

[Page 52]The pretended proof of the Perfection of Her work (right­ly understood) is but a Badge to the inherent Distinction of her own Nature. What e're is Aged styl'd, of necessity im­plyes the same must have been lasting: Neither doth the per­fection of our Subject fall under the predicament of Quan­tity, but Quality, Non quàm Diù sed quam Benè, Not how long, But how well.

The Propriety of her work to the use is improperly posited a consequent to the facility in execution, since we may some­times observe ev'n Nature her self translate the use of Parts; which not rightly constituted did frustrate her Intention: so in defect of hands some have exactly written with their feet. Which Action wanting the Grace and Order of Natures Insti­tution, may rather be instyl'd a Prodigy, then a perfect Mini­stry. Practice may possibly form a Habit in imitation of Nature or of Reason, which properly are consonant unto the Rules of neither. In discovery whereof, if we shall search into the Primi­tive Models of Civil Government, we shall finde therein such ridiculous Absurdities (notwithstanding the common Union hath been lasting, and perhaps flourishing) that a clear judging Spirit will admire how the reverence of this Idol should keep enlightned Ages in such servility, as not to dare to handle her yet remaining Relicks: probably this may be in honour of the Vertue and Felicity of the Communities of those times, where­of such Institutions may be thought to have been the immedi­ate Instruments, when really they are not so much as the remo­test Relatives thereto. But the happy issues only of mans decli­ning, yet not totally subverted Innocence, as nigher the Ori­ginal of his first Purity: but when this wilde distemper had at­tain'd to a more eminent extream, exacter Rules became requi­site to rectifie the disorder.

The third pretence whereby Antiquity may claim a right to her Establishment, is the consequent danger to an Innovation. 'Tis true, all Alterations, how profitable soever, bear in their Introduction an appearance of damage, especially not rightly managed (as when too sudden, or to the preceding directly op­posite:) Yet any Pilate, though but meanly skill'd, may easily avoid those shelves, insinuating his Purposes by imperceptible Degrees, and guiding them obliquely to their End.

Yet lest this notion (in the ejection of Antiquity from the right of a just Authority to the Institution of a Law) should al­together seem impertinent to the use of that Community, to which this Treatise is peculiarly addressed. To enlighten the In­tention of our Argument, we humbly crave permission to weigh the consequence of a proof, extracted from our common usage.

[Page 53]Omitting to insert intails of Lands by private Act or Testa­ment (although the Tenors thereof terminate in the succeeding consequence) because therein perhaps may be alledg'd, the Laws were guided by the intention of the Donor, in the disposing only of his own. We will disjoyn them from all other Reference, and leave them soly to their proper issue, admitting (for exam­ple) A man (by his own acquisition) become possessed of a real Estate dies intestate, and leaves surviving a dozen Children, Males and Females: The Law confers the said Possessions wholly on the eldest Son, in right of His Succession, with small regard or none unto the Rest, who thereby are enforced to subsist on Almes or Servitude.

With all due reverence to our Legislative Power, can the allowance be adjuged equal? where the very innate form of Natures Rules (so sweetly and infallibly guide every Beast by secret and instinctive Motives to the impartial preser­vation of their kind) may seem extinguished.

Nor is this Law less dissonant to Moses's Moral Institutions, Which to the Primogenitor only, yield a double share, as the ad­vantage of his Birth-right.

The Civil Law, above the rest, affords him meerly but the privi­ledge of a more eminent Distinction, excluding, in his Right, the chief Seat only (to the extent of a Capon flight) out of the common Partage.

But to make clearer discoveries into the Nature of this Insti­tution, if we shall yet farther visit the secret props of the Foun­dation by such Lights are afforded us to make Inspection into so obscure and remote circumstances, we may finde, that private Vanity and Faction have been the chief Promoters of this pro­cedure, to which (not being of power sufficient to form it to a Rule) may probably be joyn'd the Ambition of the Institutor, as the depending Aids to his support.

How common and ridiculous a Passion hath transported the sence of man to perpetuate the glory of his Name by the en­riching of their Families, our Nation daily may afford too vi­sible and deplorable proofs; where it is become a plausible practice, to abandon their own proper issue, to raise their Me­mory on so vain a shadow, that it wants frequently or know­ledge, or relation to lend it a pretence to such Inherency. This distemper of the minde destroy'd that Miracle of the world at Ephe­sus, where the obscured Actor wanting, or worth, or wealth to en­large his memory, lest dead he were forgot, would make his Name remarkable to all succeeding Ages by the eminence of his Mischief. So Nero' s Mother being foretold the danger to her Person in her Sons Succession to the Empire, cryed out, possessed with this frantick Pas­sion, Let me dye, so he may Reign.

That faction should advance this Institution, it is probable [Page 54] (such being the unlimited Envy and Avarice of Man) that (set­ting all other appearance of Enmity aside) the most equitable enlargement of one Family near another, is of sufficient preva­lence to engender secret Emulations, which are not long con­tained in such obscure Limits, but suddenly break forth to pub­lick Ruptures of Dissention, which to foment (they dying) con­tract their Faculties in one Principle, thereby to contribute more force to encounter Opposition.

The Interest of the Institutor may hereto also concur, whose greatness consisting in the Power of his Homogers, did consti­tute such Tenors to Possessions, as might no way be weak▪ned by Divisions, when summoned to his succor.

But the most material Inconvenience inherent to this Civil practice, is altogether repugnant ev'n to the very Nature and Primitive Intention of the Law, which is Civil Union; and so much the more prejudicial is the consequence, by how much the Breach thereof is nearer the original of Unity, Amity, or Friendship, which Aristotle affirms, Legislators have in the establishment of their Civil Structure, more regard­ed then Justice it self. Can there be a more visible, Impulsive, and sensible cause of Division between Brothers, then that the Legitimate Children of one Father should (through necessity be reduced into Dependance, Subjection, nay Servitude one of another, without the advantage of any other Endowment, then the precedence of a little time. It was the apprehension of such unequal subordinacy did instigate the Patriarch's combining issue to sell their Brother into Forreign slavery: when yet his innocent Age was capable to form no other shadow of Inenmity, then this their envious jealousie.

The other Baise whereon the Authority of a Law may be judg'd firmly constituted, is the Virtue or Power of the Insti­tutor.

That the reflexion of Vertue (how remote soever) hath ever had a powerful Influence over the Spirits of succeeding Ages, is altogether unquestionable, whereon perhaps was grounded this Custom amongst the Lacedemonians, That, what Law or Advice was first propounded by a vicious Agitator, if approved of, some Person of an eminent Vertue was by the General Council immediately required to pronounce the same, lest such a motion should want that Grace and Dignity, was requisite to lend Autho­rity to the Establishment thereof. But that the Institutions pub­lished by person or Assembly so exactly qualified, form'd from no other Object then the particular Occurrence of those Times, should totally so o're-sway the Judgement of succeed­ing Ministers, as to admit of them for unalterable Positions, beyond the confirmation of their own Discourse, is but a servile [Page 55] Imposition repugnant to the purpose and propriety of a Law. Malum est Concilium quod mutari non potest. Evil is that advice which cannot be changed.

Power (simply posited) though it may seem at first Inspecti­on to claim a high and more legitimate Title to this Preroga­tive, as the affected Issue of such eminence, yet when we more exactly search into the secret nature thereof, in Relation to this Attribute, we shall so far dissent to subscribe to her Interest herein, we altogether shall suspect her very appearance in the managing of a Legislative Transaction: insomuch as the dis­cussions of an imperturbed Reason are soly requisite to the due Constitution of a perfect Law, whose issue circumscrib'd but by the meer Parado of a force is oftentimes obstructed, if totally not subverted. Violence, though ne're so fairly polished, bears but the exteriour semblance of a wrong: nor is it proper, that what intruding in our private Agi­tations, may legally dispence us from the civil Ties of our own Act, should be admitted to the Introduction of a common Ordinance. A due ordered force may, and must, of necessity, be the subordinate Minister to the Execution of the Laws, but not a president o're the Consultations thereof. The order of our Argument, circumspectly traced, will lead us to a consequent without a proposition; which is, that the most plausible and unquestionable Authority of a Law is that, Which is formed from the free agitation of the most pru­dent and faithful Ministers, and established by the unanimous Con­currence of the people. According to this Method was even the Law of God published by Moses, and by Ioshua, and confirmed by the assenting Multitude; And if that holy and powerful So­vereign would not exact an obedience from the work of his own hand (though tending only to their proper Benefit) with­out a Covenant, which could no otherwise be constituted, but by consent of parties. How irregular and unwarrantable are their proceedings, who violently impose a severe Ordinance to the reducing of their equals into servilty (altogether to their prejudice) not only without their liking, but absolutely con­trary to the same. The primitive intention of a Law, is the good of the people, and how that should conduce thereto, which shuns the test of common approbation, may certainly be term'd a Mystery, but scarce receiveable in Equity.

Perhaps, may be objected, that hereto as the Natural, so the Ci­vil Body is incident to Infirmities, that sometime may deprive It of capacity to relish their own Common Aliment, much less to leave it Faculty to distinguish of Artificial Remedies; which reaching not their Judgments, do often not affect their will. This being granted yet (of necessity) to apply the means to [Page 56] rectifie such disorder, the will must be prepar'd, or prepossest; convinc't with Reason, or intic't with Art: otherwise an open and repugnant violence will but exalt the Distemper, and so instead of repairing, or reforming, totally subvert the consti­tution of a Civil Frame. Such dexterity may palpably be ob­serv'd in the common practices of the most prudent Legislators, on such exigents, electing proper seasons, and peculiar Acci­dents, profitably to insinuate their purposes, where Reason was not prevalent enough to form their introduction. 'Tis pro­bable the penible and dangerous enterprize of the Jews through the Desart was design'd by Divine Providence, to reduce their unruly stubbornness to a more docile Temper, by such appa­rantly destructive straits, more facily to introduce that sacred Law, was to be tendered unto their subscription: which yoke would ne're have been accepted of, in the f [...]uition of the pro­mis'd Land, the irregular motions of their will transported to a higher strain by the Allurements of licentious Plenty.

XXI. The Equality of the Laws.

FRom this Attribute the very Law it self seeming to form her proper Nature, it may be judged altogether imperti­nent to lend thereto farther Distinction: yet when we shall con­sider, that every perfect Ordinance must (of necessity) have re­ference not only to the Offence, but to the Delinquent; and the Injured it will be very material to weigh the due Conformity, a Law should hold with either.

The true Analogy of a Law in Relation to the Trespass, be it either Omissive or Commissive, Publick, or Private, is an equal Reparation; on which Parallel was raised the severe Injunction of the Mosaical Law, An Eye for an Eye, and a Tooth for a Tooth. On the decision of this due proportion, Justice in her Figure seems altogether intentive, in the firm Posure of her hand to the exact Poisure of her Ballance. Laws in their ap­pearance may sometime extend their weight beyond the Nature of the Crime, tending especially to the publick use, by such se­verity to restrain the rashness of Licentious Attempters: but in their execution should secretly provide a charm to allay the fu­ry thereof, lest that the Civil frame should thereby else be weak­ned or Impoverished. Those Ornaments will ill become the Majesty of a State, are become purple in her proper Gore; nor is it consonant to the Dignity of a Law, to form a Commerce for Delinquency: As there are rewards for publick Offices, without the expence of the common Treasure: so there are Penalties for publick Damages, subvert not Interests of a pri­vate [Page 57] Family. Which ne'retheless must with a nice discretion still be managed: a danger to the State may equally ensue the Re­missness, as the strictness of a Law. In dispencing yet of pri­vate Rights, the Law (without Impeachment) more firmly may adhere unto the litteral sence thereof: Insomuch as the publick Ministry is therein seemingly not much concern'd, but more re­motely interessed, taketh away the Jealousie of a partial Proce­dure. Edicts erected only for the publick Interest, seldom have other objects then the Obedience of the Members of the Civil Body; whose infringement may therefore be plausibly repaired in a due Submission. Decrees enacted to the support of private Interests, have seldom other Object then the Decision of Right, whose infringement seems properly repaired in a feisable restitution; yet since the violation of a private right is seldome perpetrated without indignity to the publick Ministry, in Con­tempt or Disorder, a submissive Penalty (of right) is thereto also, ev'n therein, to be constituted, the better to support the Majesty thereof; provided it may not be so considerable, to lend her the suspition of a Party in the Transaction.

According to this Distinction (in reference to the Decision of Private Rights) were Moses Institutions parallel'd: as in matters of Felony, He shall restore it double, and if he be worth nothing, he shall be sold for his Theft.

The Gospel Institution is, that He shall steal no more, but rather labour with his hands that he may be helpful to others. Which que­stionless implicitly must thereby first infer a reparation to the In­jured. Yet since all private dammage is inherently opposed in a common Consequence to the publick Interest, if we shall far­ther consider this crime as a breach of publick Commerce; the equilibriate thereof may seem to reach no vaster Latitude, then publick Infamy. This the Lacedemonian Custom vised at, as the due Penalty to the attainture of a Felony; which otherwise, not surprized in the manner, was held a plausible enterprize, li­censed but to acuate the vigilance and Invention of the people, to the preserving and improving of their Properties. Which Pra­ctice, (though not approvable in the use, that Virtue passing of necessity for suspected, which holdeth but a shadow of de­pendance with the Ministry of Vice: yet may we from the former presidents (to the restraint of this Crime) form a mixt Method of our Punity, as more equivolently proporti­oned unto the nature of the Offence; compos'd of Restitution, and of Infamy: And although the latter may perhaps not meet with that Efficacy in our vulgar people, with whom this Crime most frequent is in practice; as it hath formerly incountred in the more elevated [...]pirits of the Lacedemonian State, where the Impressions of Shame were so sensibly ingrav'd in their Appre­hensions [Page 58] from their very Infancy, That a Boy having stole a Fox Cub, which closely he had covered with his Coat (jealous to be surprized in the manner) so much restrained the Emotions of Frail Nature in his tender years, as the very shadows thereof fell not under the Distinction of another sense, until the strugling Rape had made a passage through the very Bowels of the Attempter: but when such Infamy is passed with a general Incapacity of publick Trust, their proper Interests will enforce them to resent it with more horror. To which, may probably be the cause, in reference to the infringement of the publick interest, in such Trespasses, our Laws do yet exact the Attainture of the Fe­lons Goods.

2. In persuit of the Order of our Subject we next assume the second consequent involved in the Constitution of a perfect Or­dinance. The Delinquent, which although seeming totally con­cerned in the regulation of the Penalty to the Nature of the Of­fence: and in position of a Fact implicitely therewith included as one common Individual: yet since the Rules of Nature, as well as Policy, have lent peculiar Distinctions to several Members of a Community (not falling all under one and the same measure of Capacity, and therewithal, as special Graces to their Dignities or Infirmities, inherent Priviledges; it will be requisite to weigh how far such Freedom may consist with the integrity of a per­fect Ordinance. Omitting to discuss on the Prerogative of Princes, as being a Subject of too vast a Latitude to be a branch of a peculiar Treatise, as also that they seldom agitate, but by their substitutes, who falling under the subjection of a Law, are not alwayes secluded from the common course thereof; or if sometime they be, it seldom under shelter is of the Authority of a Law, of whose equality we only are in search. We will proceed to agitate on the subsequents sequestered either in Goods or Person, from the attainture of a publick Ordinance, by Virtue of their eminence, under three Principles, Peer, Priest, and Publick Minister.

The Peer pretendeth for the ground of his Priviledge in relation to his Person, the necessity of his Attendance on the Prince, as the essential Lustre to his Majesty, in Re­ference to his Goods, the vast expence which follows this his Assiduity.

To which we may Object, that the Lustre of a Princes Ma­jesty consists not altogether in such titular Distinctions; but in the Virtue, Integrity, Wisdom, Gravity and Civil Reverence of his Ministry, which were yet more illustrated in the disclaiming such a Priviledge.

The Priest in right of the protection of his Person, pleads the Dignity of his Function, as not subordinate to the Civil [Page 59] Ministry. For dispensation to his Property: the sanctified use thereof divided in the Inherence from the politick Body. This claim hath formerly been the subject of many violent and some tragick Contestations, licensing the appeal of Prelates to Ecclesiastical Conclaves in matters of Civil Jurisdiction: but since this usage is at present of no force with us: we will not much insist on the Discussion: only thus much we may thereon infer, that if in honor of their Function there should be this pe­culiar Reverence due unto their Person, or Reservation to their Properties, it equitably must be under this Distinction; so long as they contain the Action of their Lives within the Limits of that Holy Exercise; and their Possessions thereto only Relative.

The Publick Minister may seem to lay a more legitimate Title to such Priviledge; insomuch, as of necessity, his Per­son is to be secluded (in a manner) from the Civil Frame, to giue attendance soly in the most material Interests thereof: In which Agitation the Faculties of his minde are wholly so in­grost, conveniently they cannot be relaxt, or yet diverted by a useful reflection on his own: yet in respect that such immunity may seem to question the integrity of the transactions of his private Commerce: whose Life should so far be from all suspi­cion of Reproach, that it should be exactly exemplary. His Institution will be more agreeable and Injunctions valuable in their apprehensions, to whose advantage he is design'd to Agi­tate, if therein equally concerned with the rest. Nor can it be of use to him, so to be sheltred from the Issue of the Law, whose proper Dignity speaks him a Law unto himself, it be­ing an unequal suffrage that lends Authority to any man to agi­tate of Common Rights, who violates the Image thereof in his private Dealings.

The Subjects secluded from the common course of Laws, in favour of their Incapacity, have a more rational claim to such Priviledge, As a Wife, Children, and Servants, whose persons in some cases are dispenced from the Penalty of publick Disobedience, as subordinate Members to a more distinct Head, who only is responsable to the publick for their Miscarriages, freed from the ingagements of their private Contracts, insomuch as their Dependance is upon anothers Property, in their possession only but in Trust. Lunaticks and Ideots yet justly reach a vaster Latitude of exclusion in their Acts (wholly divided from the Civil Frame) wanting the Faculty to distinguish them.

The third and last Collateral implied in the Letter of an ex act Ordinance, is the Injured, of whom most penal Statutes hold but small account, regarding more perhaps the Conse­quence of a publick Disturbance, then of a private Inconve­ [...]ience: [Page 60] To which Model the former Institution of Moses seems altogether fashioned, An Eye for an Eye, and a Tooth for a Tooth. This Law, though equal to the Trespass, and severe to the Trespasser, yet the sence thereof explicitely not seems to bear the fullest extent of a perfect Ordinance, insomuch as the chief Relative is not concern'd in the Contents thereof; regard here­in being only had unto the Offence, and Offender, An Eye for an Eye, and a Tooth for a Tooth. What Reparation hath the In­jured hereby, except that Eye or Tooth, which is the Penalty of the Offence, could be restored so to the defective Part, that Nature might assume the Exercise of her Faculty: But in mat­ters of Trespass where there was a more feisable Restitution, The injured had a double Reparation.

The common neglect of this Rule in Right hath rendered the persuit of Justice irksome, in that her access is more penible, then is her Issue satisfactory: so that most men (unless possessed with an inveterate Fury of Revenge) had rather (to the encou­ragement of Oppression) suffer silently, then for a small advan­tage procure unto themselves a weightier Injury, or else (to the Disturbance of the publick Peace) provok't, are thereby to be­come unequal Repairers of their private wrongs. Which noti­on, that we may form more clearly to our obvious Minister: We for a closure to the Agitation of our present Subject, may gather from a clear perpensation of our Argument, That a Law compos'd exactly equal, must hold a just proportion with the Nature of the offence, in reference both to the Publick and the Pri­vate Interest, extending the tenure of the Imposition universally to every Civil Member of Capacity, with full and facile satisfacti­on to the Injured.

XXII. The Knowledge of the Laws.

THis Coherent is so essential a Consequent to the just im­position of a Law, that therein is compleated the true demension of her proper Nature, Without the Light of the Law (sayes the Apostle) I had not distinguished the Offence. And how that offence is not distinguishable, should justly fall under the conformity of a Law, is a Mystery not fully cleared in Divinity, Whose Rights (perhaps extend unto a vaster Latitude then Ci­vil Ties can fairly figure a pretence unto. The end of the Law is the union of the people, whereto such regulation is the band: which band can frame no firm Conjuncture, unless the Virtue thereof equally be dispenc't to every part. This also seems implicitly inferred on the first warrantable Insti­tution thereof, in the assent to the Reception: if we allow a rational Faculty to them therein concern'd, under which Attri­bute, [Page 61] no one approving that, whereof he is not totally in­form'd, to which these contingents following are most materially effectual, That the Law in Letter and Sence be generally intelli­gible; Concise in the Composure. And universally imparted in the Publication.

Under the intimation of the Letter is comprised the Figure or Orthography thereof, and the distinction of the Tongue. The one may in propriety seem to have an unalterable relation to the other: which are proper to the composure of a Law, That every one may distinguish what he is to observe.

Perhaps hereto may be alledg'd, that the Mysterie of Ci­vil Rights may as plausibly be restrained from the conception of the Vulgar, to the advantage of their Temporal Welfare, as those are of Divine, to the advancement of their Spiritual; since they both meet in one Intention in the Restriction, which is to avoid the Damage, may ensue the sinister exposition of the Ignorant: It being a general frailty co-incident to humane Nature, o're partially to rely on the sufficiency of his affected fa­culty, and had rather run the hazzard, may follow his Infirmi­ty, then to betray his weakness in his doubts.

Omitting to discuss whether the Proposition be receivable, either in the Nature or Comparison thereof: the latter with us being totally rejected, and the former (as posited) not without Reason much to be suspected, since Reason (whereof all men have some Capacity) ought to be the common Rule to every perfect Ordinance in a Civil Jurisdiction: but in the Agitation of Spiritual Principles, Reason (as meerly humane or vulgar, reach­ing no higher Object then the Sense) may in Reason seem to be excluded: allowing yet for granted, that both in Civil and Di­vine Transactions, as well as Physical, it safer is for the Practi­tioner utterly to be Ignorant of the course thereof, and soly to rely on the due Information of another; then knowing little prosecute the Direction only of his slight inspection to his proper prejudice: Yet nevertheless to the exact solution of our doubts, as well in Civil and Divine, as Natural Subjects, a certain measure of knowledge, must therein, of necessity precede, not only to form an Apprehension of an error in our selves, but also properly and usefully to figure ours unto anothers apprehension; else in the obscurity of our Demands, the most material circumstance (through Ignorance) not inserted, Authentick Instructions will but possess us with more confident Assurance, yet rashlier to in­trude our selves into more error.

The next Subject in course to be insisted on, is the Sence im­plyed in the Tongue and Letter of the Law, that which should be perspicuous to every ones capacity therein concern'd, is so essential a dependent on what we have concluded in their discus­sions, [Page 62] that they all seem but to form one and the same conse­quence united or divided, only to this doth properly belong more weight, since the obscurity Hereof may even to the Ma­ster of the Mystery, not seldom figure an Ambiguity, which often subject to corruption, may frustrate the intention of the perfect'st Law, under the shadow of Her own Authority: and so not only shelter the Practices of fraudulent Ministers under Her Warrant, but make Her sacred Image a common Prostitute to each sinister end. On which to enlarge since we perhaps may in the ensuing section meet an apter Subject. We will desist here farther to persue.

Furthermore the knowledge of the Law being admitted neces­sary to the due observation thereof, It will also be thereto requi­site, that Brevity and Uniformity in Structure, accompany the Perspecuity of the Letter, Tongue, and Sence; in that the Soul (while closed in our frail Investure) must use an Object not al­wayes present to form the Intellect, else Inanimadvertance will often meet in one and the same consequence with ignorance: As also, in respect that most mens occupations will not admit of so much vacancy as to peruse volum'nous or Introgate Inserti­ons: according to which model was composed the sacred Law, inscribed by the hand of our Creator: In number only ten, in order admirably regular. Inserting first the unquestionable Authority thereto in the preface. Then dividing the nature thereof into se­veral Objects, Divine and Humane. The most material Injun­ctions preceding the less consequent. And to every one whose weight was not sufficiently implyed in their Nature, annexing Reasons to disclose their ground, which nevertheless was by the Holy Institutor of the Gospel contracted to a briefer and a plainer method, lest Ignorance or Oblivion might in the infringement figure an excuse to evade the penalty. Those Indians (whose na­tural Rules of Government seem to excel, in Happiness and In­nocence, the most probable Pretences of the nicest Models of imaginary Commonwealths, in that their Actions are so far re­moved from the actual Error of our Common Crimes, they know not tearms to intimate their Nature) have but two Prin­ciples to direct their Actions, To be loving to their Wives, and valiant against their Enemies: which daily are recited and il­lustrated by the most venerably Aged of the Family.

3. To the general concurrence of all which Positions must necessarily also follow the due publication of the Law, which lends to a Prescription that high Attribute: the Law is else at highest Estimate but a concealed Light; the use whereof was figured to us in the first Publication of the sacred Law, which was delivered in Thunder and Lightning: And the Institution thereof after celebrated by a solemn Convocation of the united [Page 63] multitude with sound of Trumpet, and the Contents engraved on their daily Vestures. The Antick Roman manner of Com­municating their Edicts to the people, was to suspend them in a Table of Brass in every place of publick Intercourse.

XXIII. The Insubversion of the Law.

THE highest Dignity to a Prescription, is the stability to Her Position; and the greatest Grace unto Her Efficacy, is the Preservation of Her Purity: that implyes the Base thereof to have been cast upon a solid Consultation, this intimates the Integrity of Her Ministry in a due Administration: not that in reference to the first, it is warrantable so far to rely on any hu­mane sufficiency, as not to search into the nature of a Rule, which form'd to the occurrences of differing Times and Persons, may sometime plausibly be reform'd, suspended, or repeal'd, though ne're so perfect in their Constitution, as may appear, In the Iews Dispensation with their Sabbath: when on the advan­tage of their cessation therein from their Arms, their Enemies had almost extirpiated the Nation: which infringement was af­terward allowed warrantable by exposition of the Fulfiller of the Law, either on necessity, according to Davids pattern, In eat­ing the Shew-Bread: Or on the pursuit of a better work, in Re­ference to His own, In healing on the Sabbath-day, the Sick. But that such a stability illustrates the essence of Her Nature, suf­fering more frequent and exacter Proofs of Her Perfection. In reverence whereof, repulsing the violation of all loose Attempts. To which establishment should also joyn the endeavours of the Institutors, lest every wavering Motion of the giddy Multitude should prejudice the Institution. On this Intention, it is pro­bable, Were form'd irrevocable the Decrees of the Medes and Per­sians. Or in regard of the latter, that it is possible to preserve from Corruption, any Precept (though ne're so natural) which falls but under usage of our frail Society. But that an exact Ordinance should either be invested in Her proper Constitution with such influence, might keep Her Observation regular; or thereto borrow vigour from some collatteral, without the peni­ble vigilance of the Institutors o're the Transactions of their sub­stitutes: In persuit therefore of the premises, it will be requi­site the Law should make Provision against these Particulars. 1. Their open Violation. 2. The obscurity of their sence. 3. The Repugnance of their Nature. 4. The Fraudulence of their Mini­stry. 5. And the Custom or usage of their Courts.

1. The Vigour of the Laws extending not beyond the Pre­cincts of their Jurisdiction, implyes the Object of their safe­guard [Page 64] from open Violence, formed in their Nature, can only be Intestine. The most frequent and visible sources of Civil Insur­rections, which in their material consequences may reach at the subversion of the Civil Frame, are either Private Broils, or Publick Discontents. The first is verified in the Contestations betwixt Sylla and Marius, Caesar, and Pompey. And although such Debates seem rather in their Issues, to strike at the Foun­dation of the Government, then Constitution of the Laws, yet are these so nigh Relatives, the one can seldom be supplanted without subversion of the other: as appears by Caesars reply, when seising on the Common Treasure, was objected to Him, the Legal Inhibition to such violence, What do you instance Laws to us, who wear Swords by our sides? The mannagers of successful Arms are oftentimes transported with such inaccost­able, and irresistable Presumption, allured thereto by their flatter­ing fortunes, or compell'd by the exigence of indirect Engage­ments. That the progress of their Actions is so far removed from the restraint of any Legal Prescription, they seldom are contain'd within the bounds of their own publick Manifests, or yet the secret Motives of their first Intentions, witness Bulling­brook's Proceeding on the Infringement of the Decree of his pre­scribed Exile, on pretence only, but to be invested in his Fathers Dignity and Estate: but he perceiving the fluent concourse of the people to Him to advance his purpose, became thereby so much en­couraged to higher enterprises, he could not be restrain'd by any Tyes, Civil, Divine, or Natural, until he had supplanted his abandon'd Sovereign. The ground of this his Exile therein confirming just, which before was so only in suspicion: in which respect it will be requisite, that such Decrees, whose Institution have this Object, be indued with sufficient vigour to smother such emoti­ons in their Infancy, timely reconciling, or impartially expel­ling both Enemies and Emulators from the publick Ministry, lest, under sufferage, longer times should form a Faction not subject to the regulation of so slight a faculty.

Publick Discontents gather more slowly and imperceptably to a head, but are more violent and sudden in eruption; and seeming more plausibly commenced, become more licentiously prosecuted, being pre-possest with Indignation, both against Ministers and Ministry, inconsiderately without distinction, to­tally reverse the Institution of either, As may be instanc't in the proceeding of those Tribes revolted from the Government of Rhe­hoboam, with him forsaking both the Temple and the sacred Or­dinances.

The obscurity of the sence, wherein an Ordinance is expressed, may sometime meet with such an Ambiguity, that either in sus­pence, or exposition, may utterly subvert the intention of a [Page 65] Law. Words (in the most proper usage taken) can figure but a shallow and an abstruse Character of the minde: so that the best digested method of delivery may probably (in the first Pu­rity) through ignorance or malice, unadvisedly or intentionally be prevaricated, more probably not stand so many Ages uncor­rupted, as would require a perfect Ordinance. The words there­of in time, not only growing out of use, but also the proper Emphasis of the Tongue: from whence perhaps are sprung so many Controversies in Courts of Judicature, and Schools, as hath made that Law and Learning was first useful and venerable, now become noxious and ridiculous; so that he is now accoun­ted as insufficient an advocate, that cannot make a bad Cause good, by his Schicanrie, as he an illiterate Schollar, that cannot so disguise a fallacy, as to make it appear true by his Sophistry, with how much damage to the people, and indigni­ty to the Majesty of a Law. Such slights are sheltered under the abstruseness of the sense thereof, we leave every one to judge, believe, or Prove.

Perhaps hereto may be objected, that the Nature of the Law so frequent is in use, the Virtue thereof cannot lie conceal'd, but daily is revived by some occular Proof.

Omitting to insert the hazzard of a Light educ't from such Collation, in that the circumstances rarely meet in a conformi­ty, we farther may reply, that ev'n in revolution of many Ages some Laws meet not with any accident so fully toucheth every clause therein,, as might render the issue fully clear: nor also any clause contain'd in every Law, doth clearly answer every accident, may possibly fall under the proper object of the same, as may appear in Moses Appeal to the Almighty, for the decision of the claim of Zealophehad's Daughter in the common partage of the promis'd Land: In which regard, few Laws can be produc't, are so exactly constituted, that will not often want enlargement or enlightning.

Laws in repugnance of their Nature tend yet more visibly to the subversion of their Institution; the which at first inspection may perhaps appear so gross an absurdity, as is hardly credited to be feisable in the deliberate result of a rational consultation. Yet when we shall more strictly search into the constitution of their parts, in reference to their proper use and ends, we shall finde, that not only in respect of one another, Laws often meet this Impropriety. But also (in relation to their proper pur­poses) prove sometime contradictive to themselves.

Laws In their Dispensation pass through many hands and therein oft more subject are to alteration of their true Intent, un­less the course thereof be strictly and severely visited.

XXIV. The timely Issue of the Law.

IF the Law were exactly compiled to the precedent structure, or according to what other Attributes imaginable, more pro­perly might conduce to her perfection, yet if the Issue were not seasonable, the Institution scarcely could be useful. If the grace of a private Benefit consist in a seasonable contribution, the glory of a publick Ordinance must be raised on a timely Execution, The Importunities of the Widow might make perhaps at length Her Cause successful: But the Ministry of Her Judge was not crowned with the Merit of her succour. All Courts of Judica­ture have their proper Capacity of Receit, and if thereto suc­ceed not timely issues. Continued Affluence of Complaints will suddenly beget Obstruction, Confusion, or Corruption.

The common Obstacles to the Progress of most Laws, after a suit commenced, are 1. The licens't silence of the Agitators. 2. Appeals, or Removes. 3. Writs of Error. 4. Demurs. 5. Cross Bills.

How which should in their use be regulated to remove all Im­pediments, which might obstruct the timely Issue of the Laws, we soly shall remit unto the Vigilance, Inspection, and Authority of their Institutors, declining totally their formerly design'd enlightning in particulars (though to the visible defacing of those Ornaments, might perhaps more essentially have lent both use and lustre to the contexture of our Treatise) as a Civil Pre­sumption not to be licens't by the most Licentious, lest the mis­prision of the procedure might possibly not only have blemished the intention of the Agitation, in the Censure of the soundest Judgments; but under the incapacity of the vulgar, have ut­terly made void the object of our Enterprise, perverting to their Prejudice what only was designed to their Benefit.

XXV. The easie Persuit of the Law.

WEre the Laws perfect in their Constitution, and timely in their Issue; yet to them their Ingress and Progress is inaccessable, their Virtue cannot be communicable; so conse­quently not generally useful, the proper object of a perfect Or­dinance.

This Subject hath more peculiarly for Object the Impotent and the Indigent, in reference either to the remoteness of their Residence from the Courts of Judicature, or their disability in substance.

To remove the first Difficulty from the persuit of the Law, [Page 67] two methods only are in practice, either to constitute several Courts of Judicature in several Shires, Counties, or Provinces, or from the Capital Courts of Judicature to com­municate the Virtue of the Law (in vacant seasons) to the remo­test Places of the Commonwealth by their peculiar Ministers prescribed Circuits. The former course, as now in use not fully reacheth the Propriety, insomuch as distinct Courts of Judicature so posited have still relation to the Capital Court, and can defini­tively determine nothing, their sentences receding by Appeals unto another Court: In which proceding the Subject suffers still more prejudice then attaineth ease. Our justicial Circuits more probably might meet a happier issue in the intention of their use.

To those that by reason of their indigence have not capacity to prosecute a Reparation to their grievances, most Civil Juris­dictions do provide redress under Formâ Pauper is, which que­stionless more fully meets the intention of the use, where di­stinct Courts have only reference to the Institution.

XXVI. The Nature of a Law.

E'Re we had qualified our Civil Ministry with those essential Attributes, which might lend Ornament and use to Her Investure, it would have first been requisite to the exact simitry of our Structure, to have enlarged more peculiarly on the true Definition of her Nature: But finding no material Mystery therein, we have persu'd the Order of the Letter, In favour of the Propriety of our Tongue, prefiguring the shadow e're we disclose the subject, and here accordingly give place to Her Di­stinction.

A Law is a prescription, or a Rule impos'd by the Supream Au­thority of a Nation, on every Member of Capacity, within the Limits of the Civil Union, to restrain each mans Actions from the Prejudice, and guide them to the mutual Benefit of one an­other. So that we may positively affirm, as reason is seated in the natural Body for the direction of the active Members to their proper use, and Ministry to the rest: so the Law is consti­tuted in the Civil Frame, as a due conduct to our private Rights, and common preservation; neither can there be any proper distinction in their Faculties, both issuing from one source, and directed to one end: only Nature in that, form'd Her Jurisdiction in a smaller continent; which Policy in this ex­tended to a vaster Latitude. And what the First composed only to one, and for the benefit of one, the latter constituted to many, and for the advantage of many; from which conse­quence we may conclude, that as Nature proceedeth in the ere­cting [Page 68] of a light to guide her Ministry. Policy must follow that vi­sible light to the direction of Hers. Laws totally divest their Na­ture of their proper Use; and Dignity, when they but swerve from Her Prescription: A proof whereof we perfectly discover in the Constitution of those Commonwealths, which live only accor­ding to the first purity of Nature, wherein those common Crimes against which our Laws have formed their severest vigour, have not so much as Intimation in their Letters. To this the Apostle yields his evidence, affirming, That some not knowing the Law, per­formed those things contained in the Law, and were a Law unto themselves. Informed by that innate Light of Nature, Reason in her uncorrupted Purity, which secretly did prompt them, To do unto others, as they would that others should do unto them. But when man fell from the Rules of Nature to live according to Art and Opinion, he wrested This Light to their adulterate uses, and guided That should have directed him.

Farthermore, every perfect Ordinance extends It self to the two foresaid Objects, The preservation of a distinct Right. And The Advantage of a mutual Benefit: as they are to be enfolded in one Rule, so they must not be divided in their Ministry. The just Interest of one must not so strictly proceed, as to subvert the existence of another: Such severity would utterly pervert the Nature of a Law, rendring Summum Ius, Summa Injuria, The utmost Right the highest Injury. In which regard, perhaps the Institutors of our Law, foreseeing the difficulty to unite these Heads in one Prescription, have divided them in their Natures, constituting distinct Courts to the peculiar Ministry of either, styling the one, Law; the other Equity, This only form'd to mo­derate the Rigour of That. Moses Moral Institutions had in every particular an especial regard in regulating the extreams of Civil Rights, One man might take anothers Coat for Pledge, but was in­hibit ed to retain it longer then till night. Perhaps, lest he not ha­ving other shelter to defend him from the Injury of that season, might possibly thereby incurr the hazard of his Life. In matters of private loan, all usury was interdicted: Prefiguring this course should only be an aid unto necessity, no Minister to Lux or Ava­rice. And he that was reduc't to the extremity of borrowing on­ly to support his Life, could probably make no such benefit thereof, as to return it with advantage, without impeaching far­ther the visible means unto his Preservation. All contracts for Lands and Houses (in some cases) had their Period of Restitution, which was the ensuing Iubile. In respect, that one mans unlimitted enlargement, how just soever in the Acquisition, should not re­duce his joynt Associate into indigence.

XXVII. The several Objects of the Law, in Refe­rence to the Security of the Natural Union.

THE Life of man is the union of two differing Subjects, Matter, and Form: The improvement of whose Fa­culties (distinctly taken) may consequently have two several Objects, in reference to the said Division, Natural, and Moral. But since (joyntly taken) the one can seldom suffer an Impeach­ment, without a prejudice to the other. The Security of Both will meet in one Principle. The common Agents of the disso­lution of this union, which sometime fall under the capacity of humane Remedy, are Wilful Violence, Sickness, Want; of which we will discuss in order.

XXVIII. Wilful Violence.

AS this Subject hath in regard of our Order, attained the preheminence of Position, so in Respect of her Nature, it requireth more eminence in Opposition: No Act can so much blemish the Dignity of a Civil Government as this (simply ta­ken) in that it seemeth to usurp the Authority of the Civil Ju­risdiction, in assuming an impartial satisfaction to the distemper­ed will. The first Curse Man incurr'd, was for his Disobedience to his Creator, which in the Issue found an advantageous Cure. The second Curse befel Him, was for his Violence to his Bro­ther, which Visibly ne're met an Absolution. God the imma­culate Essence of Justice, herein seems jealous of the Rights peculiar to his sacred Ministry, reserving only to himself this high prerogative, Vengeance is mine. Nor can the Law (with­out a blemish to this Image It represents) resent the unjust en­croachment on her Rights herein with lefs severity. But to dis­cover the degrees of this exorbitance inherent to Her Nature, it will be requisite to visit Her effects in the Distinction either of the Subject, Manner, Place, or Measure.

The first Subject considerable, on whom a violence may be practised, is (according to the Rule of God and Nature) that which each man acts upon himself: The ground whereof is hardly evident to a moral sence, which only measures the regu­larity of the exteriour Actions, according to the damages su­stained by another, prefiguring, without such Reference, each man might justly claim a priviledge in the disposure only of his own: in which regard perhaps the Ethnicks have assumed so much Glory from this Enterprise, hereby, as they conceiv'd, triumphing o're the Malice of their Fate, though peradventure [Page 70] the Temerity might (more equitably according to their own Rules) merit, the reproach of Lachety, then the applause of mag­nanimity, since so ignominious an Evasion, betrayes not only the abjectness of the minde, but the infirmity of Nature, as well in the Anticipation of an evil, by an irrational Apprehension, as in the distrust of our Faculties, to undergo the encounter. The exercise of Fortitude is opposition; not flight: But yet this Consequence, if assented to, will re­ally not reach the Nature of this Crime: we therefore must make use of higher speculation to the Discovery. To ascend thereto, if we shall make the first step on the Base of Natures Rules, This Act will totally appear repugnant to her Order, Chaque Chose suit ce que la destruit. Every thing doth flye that which would it destroy. If it infringe the Institution of Nature then consequently the first and most general Decree, that ever was imposed by our Creator. If we look into the Letter of his Law, which may be thought more nighly to concern us. We shall finde the Intimation hereof infolded in a general Inhibition, Not Kill. If we shall yet search into the Nature of the Fact, by the Collation thereof to the preceding Actions of the Practisers, we must conclude, that it will seldom be found other, then the issue of an irregular Life; wherein the all-supporting Influence of our Creators Grace seems totally retracted, as may appear in the prodigious Lives of Heliogabolus Caricola, and others: In opposition whereof, if we shall reflect on the Actions of Brutus, and Cassius, we may affirm, That Caesars Murther (how fairly soever polisht with pretence) so far eclipst the Beauty of their former Virtues, they cannot win (in an impartial Judgement) so much credit to lend their Lives or Ends so much distinction from the rest, as to give weight to an Objection. From sacred Re­cord, with more Authority perhaps, to these may also be an­nexed Saul, only therein we meet with Rh [...]sis example, whose unblemish't life, and high approved end (though by himself ad­vanc't) may cast some scruple on our Argument: yet since this falleth under the Relation of an obscure original. And under the Pattern of a transported Seale, we thereof not admit, as a fit subject to a farther discussion: only the life and end of Cato Uticensis may afford a Proof without exception, where no Displeasure sprung from his proper Interest, found the least mo­tive in his Resolution: but since the Actions of his Life had more refin'd Resorts, then humane sence can probably disclose, soaring a pitch beyound the Practice of a Parallel: we will, in honour of the Object of his Passion, forbear to insist on the Con­clusion.

Yet if we shall persue the inward trace of this Distemper more peculiarly, and pry more narrowly into the secret source there­of, [Page 71] we questionless shall finde it evident, that from the prepo­sterous Conjunction of repugnant Passions (Fear and Anger) issueth self-dislike. This misprision of the work, at length be­getteth a contempt of the Artificer; which since it can reach no higher, presumptuously attempteth to destroy his Image, betray­ing in such disobedience, the trust which was imposed for her safeguard, anticipating the tearm of the surrender, My dayes are in thy hand, not in our own.

To which may probably be objected, that a man may some­time be reduced to that exigence, which probably may figure an authentick Summons.

In reply whereto we may alledge, that such extreams are not distinguishable to humane sence, the Power and Providence of our Protector being unlimitable in the Measure, and inscrutable in the Manner, Snatching Daniel from the Iaws of the hungry Lion, and Jonas from the entrails of the Whale. Nor is such Grace dis­pensed, rarely or in favour only of his Prophets: as may be in­stanc't in * a Grecian Captain's Delivery by a Fox from out the Entrails of the Earth, for dead, by his Enemies cast in an Abiss, from whence no humane Art nor Industry could have withdrawn him by a timely succour.

Having disclos'd the Nature of the Crime, we should pro­ceed to figure the e [...]o a due penalty to the restraint thereof: But as a moral Inspection could not attain the Mystery of her Na­ture, so no moral Institution can reach the manner of the pu­nishment; the Delinquent being hereby become impassable to Her Prescription, remaining nothing inherent to his peculiar Pro­perty, whereon the Civil Jurisdiction can equitably be satisfied, but his Carkass and his Memory.

The subject next material in reference to a violence is the Na­tural Parent, without distinction, and not without a valid consi­deration, there being not a more legitimate inherency to Rule, then that which is the immediate cause to our Production. And the more reverence owe we to his Dignity, in that our Creator descendeth to illustrate His Bounty to us, under this relation: In emulation whereof all Vertuous Princes have misptised the most glorious Titles, in Competition with this high Attribute. To this most just Preheminence followeth so strict an Injunction of Conformity, that the penalty of an Offence, shall violate this Right, but in a stubborn Refractory, or Indecent Opposition, was by the sacred Law pronounced, Death: Who hath a rebellious Son, that will not obey the voice of his Father or Mother; nor be reform'd by their Correction, their Parents shall deliver him to the Civil Magistrate, who shall cause him to be stoned by the people. From which consequence we may gather the Nature of that Crime by open or by secret practice, shall willingly attempt to reach at their destruction.

[Page 72]In constituting Laws to the Restraint hereof, most Legisla­tors have (in the primitive texture of their Civil Frame) been altogether negligent, either concluding, that nature had in such Relation too powerful an influence in her Impressions, to want the aid of artificial Ministry, or else reflecting on the common frailty of our Nature, which took more violence from restraint, forbore to agitate on such a Crime, as jealous to awake the faculty of Malice in such Discussion: So silently for many years, past unexprest, because unpractised, this Fact among the Ro­mans, till time, which lends Maturity to our Corruption, pro­duc't a Monster in her horrid Pattern, which then gave Light to this Infliction, The Patracide was tyed close in a Sack, and cast into the Tyber. A penalty perhaps by them esteem'd sufficient­ly severe, in that it figured not only a Division of the Soul from her frail Mansion, but an extinction. Yet e're we shall de­sist to agitate on our Subject, we farther will examine the Na­ture of this Crime, in Reference to the other Members of a Family.

Having discussed hereof in Relation to the Childrens De­meanour to their Parents, we may insist upon the Wifes unto the Husband; whom though the Mystical Ceremony hath united in one Body, Affirming them to be but one Flesh: yet ne­vertheless since Civil Rules have lent a difference of Dignity in the Distinction of Parts, most proper to the Constitution of their union. The nature of the Trespass may possibly in Refe­rence to the Husband meet a weightier Imputation, and a se­verer Punishment.

Servants have a more subordinate Dependence on the Head of a Family, having from them their Livelihood, in Conside­ration only of their due submission to his Will. In contempt or repugnance whereof, if their demeanour shall proceed to act a Violence on his Person. The Crime more properly may be qua­lified with such Distinction, and meet such Punishment. In persuit of our Order, should here ensue a like Discussion on that Violence, the Master of the Family should Act upon the Mem­bers. But since therein is found no legal Distinction in the Na­ture of the Act, from what is practised on other Members of the Civil Frame, more then the Infamy which justly followeth the Breaches of so nigh Relations. We will remit to treat there­of in our Reflection of the Manner and the Measure of a Vio­lence.

To these succeeds in Eminence of Distinction (in Reference to a Violence) the Magistrate (under what degree soever being in Execution of his Ministry) in that, therein he fully seems in­vested with the Civil power, and consequently the Violence so sustained, more highly ought to be resented by the Jurisdiction [Page 73] to whom he doth officiate, as a contempt or Opposition to her Order: In which respect perhaps, this Fact (on Him) extend­ing to a higher Consequence (then on the former Subjects) might justly claim precedence in our Order, to all those our pre­posited Distinctions, had not Policy succeeded unto Natures Or­der, both in her Pattern and Establishment. All other Persons of what Degree or Quality soever, Noble or Ignoble, Alien or Denison, in Reference to his Trespass fall in the Ballance of one common Estimate. The manner how this Trespass may be acted, well considered, will vary much the Nature of the Crime, lending thereto more weight or less from whence the Pe­nalty receives due Regulation. The common differences where­of may visibly be reduc't to these Distinctions, Encounters, Duels, Surprises, in the first Principle. The intention of the Agent (which soly lends material Consequence to the Fact) seems wholly disengaged. In the Second, the intent of both seems clearly pre-ingaged. In the Third, the intent of only one seems pre-possest.

If Encounters admit of a double Distinction, being such as are meerly Casual, having no farther motive then the present Ac­cident or Collateral, having Relation to some former Difference; yet so as neither Time nor place were pre-advised of either: If pre-advised of Both (as oftentimes is practised, to shun the ex­tream severity of the Law, disguising so the Action) then falls the Nature of this Trespass under the Distinction of a Duel. If but of one determined, the Fact may properly be tearmed a Surprise.

Casual Encounters, what e're the Issues thereof are, have the most specious pretence to plead for their Indulgence; in that the first motive of the incensed will is not oft-times within the ab­solute Command of the most regular minde, which herein but inform'd by unconsulted Appearance may facily seduce the Judgment to prosecute the sense: yet since no Imperfection how naturally soever inherent to our frail Condition (within the true Capacity of our Civil Union) can plead a priviledge to pre­judice Another. Nor perfection (how supernaturally soever in any constituted) while yet a Member of this Civil Frame) can lend a just Authority to any, to be Repairer of their proper Da­mage; as appears in the example of our perfect'st Guide, In de­fence only of true Innocence. Put up thy Sword, who taketh the Sword. shall perish with the Sword. Nor can we, how justly so­ever commenced or prosecuted, exempt such Procedure from the Nature of a Trespass: yet under this Limitation, such only to the Publick. The private therein totally excluded, inso­much as the Nature of the strife implyes an equal Opposition, if not in Power, in Will, and self-opinion of Sufficiency, where­in [Page 74] if he be foil'd, he justly payes the forfeit to his own Presum­ption, who else declining the attempt, might legally have per­su'd the Advantage of his Injury, without contesting for an equal satisfaction.

To which may possibly be alledg'd, that the first, most just and impulsive Law of Nature prompts every living Creature, (for their proper safety) to rise in Opposition in their own De­fence. Nor is he half secur'd that relies only on the passive Part.

In answer to the objection we reply, the Law requireth but a visible declining from the Action, to acquit him of the event thereon ensues: To which, although perhaps It seems to have prescrib'd too vast a Latitude, as to retreat until he can Retire no farther: in which he probably may be slain e're he attains those Bounds. Yet other Circumstances that may reach the Intention of the Law therein, in Reason may acquit him unless the Inter­posing judge presume too much on his Authority to tye his Censure soly to the strictness of the Letter.

The trespass may hereon ensue unto the publick, is either in Respect of the Common Disturbance, Breach of Peace; or in Regard of the loss of a Subject, Man-slaughter. To that our Law hath equitably imposed Imprisonment or Fine. To this a total forfeiture of their Goods. Yet more effectually to the re­straint hereof might possibly succeed the Influence of severer Laws, directed to suppress such Incivilities, as commonly are the Ground to such Disorders, in which most Civil Jurisdicti­ons seem totally defective.

Collateral Encounters, by our Laws, are not distinguishable from positive Duels, though herein Time or Place concur not with the motive in the Intention. In that the Reference of a former Breach prefigures a Design to persue the event to which Occasion then administers, remaining still an unremitting Con­tiguity betwixt the efficient and the effect. Yet when we shall reflect on the Infirmity of humane Nature, which in the per­fect'st Temper not alwayes is provided with sufficient Aids to check the suddain Motives of the Sense; but having often pas­sively sustained the Indignity of the extreamest out rages, may sometime be provok't to yield unto a less, the Spirits pre-dispo­sed insensibly attracting the Flame, was formerly to them fa­miliar, leaving no intermission for Discourse to agitate on Re­straint of the transported will: as also frequency in Injury may possibly proceed to an irresistable Importunity: And in an Inso­lent Solicitation, exact that our will assents not to, Potentia motata fit furor. Incensed Patience becoming fury. Farthermore the Cessation, Interruption, or Restraint of the first motive pro­bably may prefigure a declining from the Prosecution: so that [Page 75] from a clear Perpensation of our Argument, may really be col­lected so visible a difference between this manner of strife, and pre-designed Conflicts, as may equitably lend a more mode­rate Distinction to the Penalty.

Duels may properly be extended unto these Distinctions, Ex­trajusticial, Iusticial, and Private.

Extrajusticial Duels are such as are Authorized by mutual Assent of two hostile Nations for preheminence in Honour, for the Decision of pretended Rights, to avoid in future, the effu­sion of more Blood, and other general Calamities too incident to War, though otherwayes successful: so were declined the Divisions between the Israelites and the Philistians by David and Goliah. So concluded the Contestation between the Ro­mans and the Albans: by the Horatii, and the Curatii: Al­though the latter manner of Conflict may seem rather to ap­proach the Nature of a Skirmidge then a Duel; which taken in the strictest sence, implyeth only single oppositions. These manner of Conflicts are so far removed from the subordinate suppression of a Civil Jurisdiction. That they are only ground­ed on support of the due Interest thereof. And from It rather merit (what e're the issues be) an eternal Monument of Glory, [...]en a scrupulous Check. Insomuch as the Agitator totally [...]andoneth his proper Interest, in Favour of the publick Be­ [...]fit. Other Military Combats of this Nature, having no Refe­ [...]ce to the former Object, are but foments to vanity, and utter­ [...]y destructive to the order of the Warlike Frame.

Iusticial Duels, with us now out of use, have left but an obscure Original both to their Nature and their Institution; yet probable it is, the chief ground of their sufferance, was only Lactant. de Ira Dei. in discovery of the Truth, where evidence sufficient was not visible, either in Decision of private Rights, or publick Im­peachments. A Custom only form'd to supply the Intention of defective Laws, amongst scarce civiliz'd Nations; whose su­perstitious Souls more awfully were guided by event ( Stovaei An. 25. H. 8. Liv ab▪ v. c. lib. 28 which vi­sibly were often fallible) then the Light of Nature. And though this usage (holding Affinity with the Nature of a Law) may seem to borrow some Authority from sacred Practices, As in Discovery of the Babylonian Vesture. And in Inquisition of the Breach of Sauls vow'd Fast. Yet here the procedure hath only Reference to Divine▪ Trespasses, which passing without Civil Punity, the whole Society sunck under Burden of the Guilt till It was expiated, which could no otherwise be done, but by dis­closure of the Criminel, whose hand best found that was there­by offended. But in discussion of our Civil Rights which reach no higher ground then humane Reason. Man must thereof ac­knowledge his just forfeiture, that shall conclude without It, [Page 76] tempting the Almighty to educe a Miracle to determine that, which he had granted means to attain unto.

Private Duels, taken in the strictest sence, are only single Combats, in Weapon time and place determinable, sprung from no other ground then sence of Injury, nor prosecute other object then Revenge, though Both oft-times seem measur'd by the resentment of some others, more then by our own: Vanity the litigious pretender to Honour, must court her looser Mo­ther (vulgar Opinion) to attain his Prostitute. A ridiculous Motive to an arrogant Assumption, pretending both to Right and Power to arbitrate and to Execute in our proper Interests, in Contempt or Misprision of the Civil Jurisdiction: so that we may conclude, according to the Event, the Trespass is from Others of this Nature, but distinguishable in an oftentive At­tribute, whether the extent hereof may possibly reach the Na­ture of a Murder, perhaps in Civil Rules, may be disputable. In that the Intent, which soly is effectual to qualifie the Fact with such Distinction, seems fully prepossest to use the uttermost Ability to take away anothers Life: yet, in Respect, the persuit is with equal hazzard of our own, meeting like purpose in the Opposition, such Attribute Hereto too strictly seems implyed, though not by Law for such too strictly punished: First, inso­much, as in such Procedure, the injured seems to usurp the Au­thority of the Civil Jurisdiction, in persuit of his own unequal satisfaction, as also, in that the Tragick Issues of such Con­flicts often do engage succeeding Families, to their Inemnities thereon sprung, in like Oppositions. Furthermore, in that such Action passing with Impunity, may seem (i'th vulgar Voice) to constitute that Glory on a Crime, which soly should be proper to a vertuous Enterprise.

One Controversie, inherent to our Subject, yet rests undiscust, whether the Seconds (acting no farther then to secure the Prin­ciples from indirect Advantages, or treacherous practises) may equitably be attainted by the Law, as Accezoir, or Complice to the Fact. In solution whereof, we may reply, That since the Seconds were privy to the Intention of the Principles, which they had power to frustrate by Information of the Civil Magi­strate, they, as Collaterals, may be accounted guilty of the event, in favouring so their purposes.

3. Surprises (to moderate or extend▪ their Nature) may be indu'd with these Distinctions, Essential, Definitive, or Rela­tive. Essential Surprises are such, as e're they are educed into Act, are formed pre-advisedly in the intention of the Agent, beyond the Notion of his Adversary; so that we properly may tearm the Fact a treacherous Assault, with Weapon undistin­guishable, be it Sword, Fire, or Poyson. This is, without [Page 77] contradiction, the highest and most damagable kinde of Vio­lence, insomuch, as it leaveth none the smallest shadow of a visible security. The strongest hereby becomes deprived of his strength, and the wariest of his Caution. Nor can the under­taking meet a Cause, or Circumstance, might mittigate the Na­ture of the Crime. Amasa's open Hostility with Joab, could not render the Fact pardonable in his Iudgement, for whose Interest and Advantage it was finished. Nor can Parmenio's Treason, the Guises Indirect Ambition, or D'Ancre's Insolence excuse those Princes, who to avoid the casualty of their redoubted Power, have secretly▪ and indirectly so contriv'd their Ruine: The course of Justice either must be prosecuted, or oppos'd, to form her Execution warrantable. If the first could not be persued with the publick Safety, the latter might be proved but with private Jea­lousie: Who submit not unto the empty Summons of a just Au­thority, may be concluded guilty, without a farther Deposition.

Definitive Surprises are such, which were not formed former­ly in the Intention, but on a present Injury resented, persueth such unequal Advantages, either in Respect of Person, Arma­ture, or Number, as are no way resistable. The Trespass in Reference to the former, can legally attain no valuable Distin ction: insomuch as the irregular will can figure for pretence no motive herein to persue the Fact, but Malice, nor object there­of but simply Anothers Destruction, our proper safety not in Competition. Nor hath the assailed Faculty to avoid the Issue of such Violence.

Relative surprises are such, wherein the Trespasser, through Negligence or Presumption, obliquely only is concern'd, as ha­ving under his Tuition, Guard, or Custody, the Subject, Beast, or Person, through distemper prone to act a Violence. This man­ner of wilful Violence Moses reflected on, though possibly not in so large extent, as totally might concern the Nature of such Accidents: Yet sufficiently to lend a perfect Rule to form an Ordinance unto the equal Prosecution of any in this Nature un­exprest. If an Oxe shall gore a man that he dye, the owner or keeper thereof being formerly advertised of such a disposition in the Beast, the Penalty of the Trespass shall be the forfeiture of his Life: but so, That for a certain sum of Money, as a Fine, his Life shall be redeemable. The ground hereof is evident, being in regard the owner had capacity to have restrained them from such an Execution. To which, common humanity ought to have been a competent Injunction. Forewarned of the Danger of the Accident; but being altogether careless of the common safety, such Neglect or Presumption, might really be suspected to have had a reserv'd Object of some secret malice; to which in right, his life could only satisfie; yet in respect such Beast [Page 78] or Person, possibly, might escape from the Endeavours of the wariest Guard, a fine might justly ballance such incircum­spection.

The Reference of an intentional Instigation to a violence, might orderly seem reduced under this Distinction: but since such Procedure falls under common Notion of a Principle, we should too far swerve from the positive Rule of Right, to lend them here but a Relation to the Fact, another executes by their direction: the nature whereof more properly is comprised un­der Distinction of the Essential.

3. The Place wherein a wilful Violence becomes acted may also seem to qualifie the Nature of the Trespass, with Distincti­on to aggravate or lessen the exorbitance: In Reference where­to we will reflect on these Particulars, The Temple, The Prin­ces Residence, or Court of Iudicature, each Mans Peculiar Ha­bitation. Forreign Iurisdiction.

The Temple hath in former Ages been held in so high Reve­rence among divers Sects and Nations, that the Civil Iuris­diction hath sometime cast restraint on her own Ministry, in per­suit of Delinquents, taking their Sanctuary within the Li­mits of the sacred circumscription. If this high Priviledge were thereto constituted on an authentick Ground, how consider­able a Motive will it be to induce the Civil Ministry severely to endeavour to secure this place from private out rages. A Vio­lence there seems more immediately perpetrated in the presence of that high Judge, who soly to himself reserveth Vindication, and consequently denotes a great Insolence in Contempt of his Ordinance. The high resentment whereof he seems himself im­plicitly to infer in his terrible Threats against the rebellious Jews deducing the vast Latitude of their Crimes should meet his Ven­geance From the Blood of Zachariah, who was slain between the Temple-Porch and the Altar. Farthermore, this Place, erected more peculiarly to perfect and confirm our common union. Such Procedure there practised seems to strike at the very Nature of the Institution.

Private Divisions breaking into Actions of Hostility within the Princes Residence or Court of Judicature, highly exalt the Nature of Commotions: For that in such Timerity, the Agents seem totally to cast off the Imposition of the Civil Iurisdiction, violating so presumptuously the Ordinances thereof, under the immediate notion of her Ministers, which properly might seem to figure an open Insurrection against the Civil Power.

Acts of Violence perpetrated within the Limits of our proper and peculiar Habitation, reach also a Distinction, may proper­ly extend the Nature of the Fact; each man possessing an Oeco­nomical Jurisdiction within the precincts of his domestick Re­sidence, [Page 79] so absolute, as in some cases, the Civil Power seems there to limit her just Procedure, allowing him it the priviledge of a Sanctuary.

Whither Private Acts of Hostility perpetrated under a Fo­reign Jurisdiction, may justly be subordinate to the Censure of our native Laws, or any other forth the Jurisdiction, wherein they were committed, is, in practice, negatively concluded: Yet in Reason, may affirmatively be asserted under this Distinction. If the effects of the Contention do reach no higher Nature then a Civil Trespass; the Civil Jurisdiction, wherein It was in Act, is soly therein interessed. But if the Consequence thereof ex­tend unto a higher Nature, as to infringe the Law of God, Na­ture, or Nations, the guilt can equitably not be dispensed with by any other exterior Jurisdiction, constituted under the Con­formity of such Ordinance, if legally therein prosecuted, In that although the Jurisdictions are distinguished in Power, yet have they but one Object in their Rule, in reference to the Tres­pass; in which respect mankinde may properly be said to form but one Society.

Farthermore, the Issue of the Fact extending only to a Civil Trespass may sometime possibly concern the Dignity of a Iuris­diction, wherein It was not executed; if primitively the Debate had there original and Intentionally transacted forth the Bounds thereof, but to avoid the rigour of the Law. Abusive evasions from the Intention of the Law, equitably meriting the penalty of a Breach.

4. The more essential consequence of a wòlful Violence, whereat the Law most viseth to direct her Censure, is the De­gree or Measure of the effect, accompanieth the Fact: insomuch as the clearest Circumstance whatever is capable to yield but an obscure evidence of the intention, which really if perceptable, might properly perhaps qualifie the Nature of the Trespass. As also in That, This alwayes answers not the Damage of the Injured, whose reparation is the Principal, if not the sole Ob­ject of Justice. As for the premised Collaterals considerable in perpensation of the Fact, Subject, Manner, Place, (simply, or joyntly taken) they reach no higher consequence then a Tres­pass, wherein the Civil Jurisdiction seems principally concern'd, which in it self indued with a Faculty to dispence a Grace (with­out the prejudice of the injured) may plausibly suspend Reflection from her proper Interests, to weigh the satisfaction of particu­lars; whose injury must questionless, fall under Latitude of these Distinctions. A Forcible Interruption. A Simple Verberation, or A Real Vulneration.

1. A Forcible Interruption, Restraint, or Attachment, although it possibly may sometime meet with so important an occasion [Page 80] as really may prejudice the Sufferer in his Civil purpose: yet doth the Civil Iurisdiction, in the Nature of the Trespass, seem more especially concern'd, whose sole and proper Object is the Preservation of the Publick Peace, which totally herein seems violated. The Penalty therefore (not without reparation to the injured) dependeth more materially on the Publick Satis­faction: yet in that such Attempts may sometimes meet with other Circumstance, in Subject, Place, or Manner, as possibly may extend the Nature of the out-rage to a Criminel Conse­quence. The censure thereof sometime properly may be regu­lated not only by the Event, but by a more especial Reference to our former Distinctions, which also may be practised as a Collateral Rule in the Conjunction af all Degrees of Accidents in this Nature.

A simple Verberation may intimate a Blow, stripe, or Percus­sion, with, or against any thing▪ so slight, as visibly not to pro­duce a real prejudice to the Sufferer, wherein the Trespass seems to put on more Appearance of Indignity, then Damage; and might perhaps be plausibly repair'd in a due submission, were not so favourable an imposition too slight an Opposition to the restraint of such Commotions. And peradventure too forcible an Inducement to instigate the injured to prosecute a higher Satisfa­ction of his own Election to the Publick Prejudice. In which Re­spect, as also, that few men think their Honour sufficiently re­pair'd, unless their Estates may therewith be improv'd, nor his Adversary in fame impeacht, unless impoverished. A more Es­sential and sensible Reparation may equitably be imposed on the Trespasser.

A Real Vulneration, or wound, is according to the Distincti­on of Naturalists, Solutio unitatis, The solution of Parts; whe­ther it be by Suffusion, or Effusion of Blood, by Bruise, or Sci­sion: which Accident may sufficiently (for the use of our Sub­ject, as the Object of Justice) be limited in these Distincti­ons, Sine Laesione, cum Laesione, & cum destructione facultatis naturalis, Without Prejudice, with Prejudice, or with Destructi­on to the Natural Faculty▪

A Wound inflicted without prejudice to the Natural Faculty, beareth no other Inconvenience then the present Grievance, charge of the Cure, or obstacle to the intercourse of Civil Ne­gotiation. The two latter Objects of Reparation may fall under a distinguishable Dimension, The first obscurely is conceptable to anothers sence: Nor truly in the Nature valuable, since the agreeable fruition of the natural Faculties, may justly be esteem­ed the most visible Felicity.

A Wound with limited Prejudice to the Natural Faculty may reach a vaster Latitude of Distinction in the Degrees thereof, [Page 81] then clearly is determinable; which, nevertheless may usefully be reduced unto these ensuing, Either it perpetually disableth an Instrumental Member totally or in Part, or else a Principal only in Part: totally, it cannot without subversion of the whole. Yet lenta Tabe, with a lingering Consumption. It possibly may ad­vance our end. To regulate the Reparation thereof to the Of­fence (besides the former Objects) not only the Dignity and Use of the Member so impaired, is exactly to be ballanced. But al­so the Propriety and Consequence thereof unto the Civil Fun­ction of the maimed, forming from thence the perfect Measure of a satisfaction, as may his Livelihood, and his Families there­on depend; which though fully responsive to Both; yet the continual discomfort that eclipseth the Delight which should ac­company the natural use thereof, is scance repairable.

A Wound whose Nature or Consequence extends immediately to the Extinction of the Natural Faculty, without a Lenitive Circumstance to moderate the Disorder of the Fact (according to the Tenure of most Laws in use) exacts for Reparation an equal Infliction; yet the Nature of the Penalty herein seems soly formed Satisfactory to the Civil Iurisdiction: which in the loss of a Subject may alwayes not therein be totally concern'd; since possibly the Trespass may not only deprive a Family of a Member, but of their sole Existence naturally, wholly and im­mediately thereon depending.

XXIX. Of Sickness.

WHither this Infirmity be the successive Issue of our first Fathers Transgression, or the inevitable Condition inherent to our frail Composure, we will remit to the Debate of Theologians, and of Naturalists. The Object of whose speculation more properly the Proposition is, it only will be requisite to Civil use, so far to search into the Nature of this Subject, as may disclose the Impediments, may thence ensue unto the form­ing of a perfect Constitution in a Politick Frame, and the direct­est means to avoid those fatal Consequences. The Strength and Riches of a Nation most visibly depending on their useful num­bers, and their useful Ability, so much as this common Cala­mity is prejudicial thereunto in either, so much it detracteth from the establishment of a common welfare: and though it cannot be denied, but that the Members of a Civil Body (without such Qualification) in Quantity exceeding, may possibly be a Burden to it self: yet have we not lent such Attribute to the Distinction, as if the sole Propriety thereof could any way con­sist in Reference only to Proportion: But to Quality, wherein [Page 82] if we can form the Parts thereof but useful. The Quantity thereof will rarely meet excess. Nor can the debo [...]cing Multi­tudes of Goths, Huns, or Vandals (which in declining of the Roman Empire, so frequently o're spread the Jurisdiction there­of in an Hostile manner) be accounted an erruption of the useful, but of the vacant and superfluous people, which needs no far­ther Argument for Confirmation then their sudden Exit. When David collected an estimate of the People, they were, accord­ing to the measure of their Limits, the most numerous and flou­rishing Nation ever was, when in his successo [...]s Time, That his Accumulations had their Issue ( Silver was said to be as the Stones of the Street.) And although this may probably be im­puted an effect of his so frequent Victories: yet when we shall impartially reflect upon the real Acquisition of successful Arms, we shall conclude, that such Investures seldom are equivolent to their Charge. Nor was there a Defect of other Visible means to the supply thereof in Civil Commerce, which proves their Wealth was rather the Production of the mutual Industry of the Society,

So necessary a consequent to the Establishment of a flourishing State, It alwayes hath been held to annex Ability to their Multitude, that this Consideration only formerly hath produc't a use, in Lacedemo­nians. Commonwealths less Civiliz'd then strict, To extinguish weakly and Imperfect Infants in their Issue, which Inhumanity, although improperly provided in Persuit ev'n of their Politick Purpose, since there are divers Ministries in a Civil Texture, whose Perfections not alwayes follow the Exteriour vigour of the Nerves: yet insomuch as both the vital and the Animal Faculties are educ't into perfect Action by the commu­nicative Vertue of the exact Temperature of the Natural Con­stitution. The Breaches or Infirmities Herein either Native or Accidental, chiefly should be visited to be reduc't to such Con­formity, as might most properly and happily conduce to the ex­act managing of every Ministry in a Civil Union.

To form an Institution truly regular to our purposed Objects, It will be requisite the Civil Jurisdiction regulate these Col­laterals. The Phisical Practise, Habitable Scituations. Alimen­tary Provisions, Contagion, Excess. The exact dispensation of Physick hath formerly been esteemed so material a consequent to the Civil welfare that divers of the Arabian Princes have been exercised in the Practice, as frequently and vigilantly as in the Civil Ministry. And in divers Commonwealths at pre­sent, where such a Procedure is not in use, the Princes Care and Cost are still assistant to so material a Provision: not only in erecting Hospitals to the due support of the Indigent, but also in the furnishing of vast Dispensitories at their proper [Page 83] charge for publick Benefit: from whence we may collect, that to rectifie the Physical Practise exactly to the Civil use, we must persue two Principles, the Medicinal Prescription, and the due forming of the same. Which Functions although properly inherent to one Ministry, yet since the vast speculation of the Art and frequent attendance of the Artist, have perhaps usefully divided them. The Civil Jurisdiction may distinctly supe [...]vise their Practises. In Reference to the First, strictly inhibiting that none but of approved knowledge and experience, Integrity and Vi­gilance presume to advise a Medicinal Prescription: insomuch, as though the Nature of the Disease be simple and evident to every common sense. The Remedy also thereto known, and generally approv'd: Yet in Respect of many other Circum­stances materially considerable to the useful Ministry (as Age, Sex, Constitution, Custom of the Patient, Temperature of the Climate, and Season, Time of the Disease, &c.) None but the Master of the Faculty (who only can distinguish their Proprie­ties) should equitably be allowed to dispence those Remedies, since failing in the slightest Caution, may possibly be produc't an error, equal to a Criminel Trespass: A proof whereof may here be instanced from Galens Obseruation and Practise, when in the untimely use of Theriaque by an unadvis'd Physician, a simple Galen de prae­cog 1. 23. Quarter [...] was as he foretold exalted to a Trebble, while he remo­ved all by the right use of the same Medicine. Much greater haz­zard must the Practise run in an unconsulted Ministry, when the Nature of the Disease is Compound, Differing, or Obscure, and the Propriety of the Medicine doubtful to the Director.

That knowledge should be annexed to experience in the En­dowment of a natural Minister, is so evident a necessity to the useful Issue of his Ministry, we shall not need to insist on any Argument to confirm the Notion. Experience without Know­ledge being but a blinde, emperical, and uncertain Guide: and Knowledge without Experience, but an unwarrantable Specula­tion. That Integrity should also meet with Vigilance in the Qua­lification of this Minister, to render This his Practice truly pro­fitable, is as visible and irrefutable a Conclusion, as the for­mer; this being without that illusive, That without This inef­fectual.

2. As the Nature of our first Caution in Reference to the Natural Minister requir'd a nice Election; so the Nature of the Second, In what is administred exacts a strict circumspection. Gain, the common Adulterer to all Arts hath here too licenti­ous a Theatre to practise her Imposturies, the traces thereof be­ing ev'n to the most knowing scarce distinguishable: and rather may be suspected in the Effects, when as the hazzard is incur'd, then timely found, but to prevent the Issue. In persuance [Page 84] whereof, since none can probably be endu'd with like capacity to the distinction of the Nature and propriety of Ingredients (on which dependeth chiefly their Adultery) as hath the Master of the Art: As also that his credit and advantage followeth the suc­cess of his Prescription. He seems in right most properly design­ed, and engaged to preside the Visitation. Yet in respect such Institution may sometime cast a Jealousie on the Integrity of the Procedure; in that their mutual Interests may often seem to hold too nigh Relation. We may to Him unite the Civil Minister in the Commission, who should be both sollicitous and frequent in their search, and on discovery of Adulterate or defective Drugs, to impose a rigorous Penalty. And least the Indigent should want those Aids to their support, (whose natural Defects meet frequently herein a Civil Damage) their livelihood depend­ing soly on their Industry; it would be requisite, common Infir­maries were erected at the publick charge for their peculiar Be­nefit.

2. Habitable Scituations, either of Cities, Towns, Boroughs, or Houses, oftentimes erected are with disadvantage to the Natural welfare of the Inhabitants, either in their vicinity to Vaults, or standing Waters, from whence issuing, or ascending noxious Vapours, or Exhalations, the Air (that of necessity must yield nourishment to the Vital Spirits) becoming tainted, must insensibly and inevitably subvert the Natural Temper. The effects whereof are evidently distinguished in the Endemial or Vernal Recursions constantly of one and the same Malady: Which inconvenience seldom is avoided, but in the oblick Ver­sion or remote Transposition of the Structure.

3. Alimentary Provisions in their improper Assimulation too frequently prove prejudicial to the natural Welfare of the Civil Frame; which noxious Qualities they either originally con­tract from The nature of the Soil, Accidental or Artificial Mix­tures, or from their own proper Corruption.

Original Attractions may evidently be discovered to us in our Waters, which running through 'divers Vains of Earth, or Minerals, e're to our vieu they make eruption, do oftentimes communicate in their use those hetrogene Infusions; so likewise Vegetives, attracting still their nourishment from the Soyl, com­municate in their Distributions, the Qualities thereof too fre­quently repugnant to our Nature.

Accidental Mixtures may be infer [...]'d in the usual concrescence of Grain of several Natures (as Cockle with Wheat whose Qualities oft noxious to our Nature; not diligently divided, in­duce sundry Indispositions to the Natural Temper.

Artificial Mixtures may visibly be distinguisht in the several Adulte [...]tions of our Wines: then which nothing can be more [Page 85] prejudicial unto humane Nature: Nor nothing in our Nation more generally and frequently in Practise: which abuse in like manner also, may through Avarice or Malice possibly extend It self to many other common Alimens. The proper Corruption of our Nutritive Provisions follow most commonly the imma­ture, or the unseasonable collection of the Fruits of the Earth, or the too long suspension from their use. So Corn becomes Musty, Fruits mouldy, Flesh tainted: The several use whereof, so qualified, produceth oft not only private Indispositions in our humane Nature, but general and Epidemical Mortalities.

Having distinguished the Nature of these Impediments to our common welfare, we should thereto persue a Remedy which, meeting in each particular several Objects (the Original Corru­ption to be avoided, the Accidental rectified. The Artificial and proper prevented. We will reduce them to the vigilance of a publick superuisor constituted only to that use, by the Au­thority of the Civil Power.

4. Without impertinent wresting the Etymology of words to distinguish the Nature of things thereby inferr'd. inferr'd. Since such Notes are oft by the vulger improperly apply'd, we briefly may affirm Contagion (in Reference to our Subject) to be a preterna­tural affect communicative in the nature thereof to every indivi­dual under the same kinde. How destructive the Effects hereof are to the Civil welfare, we clearly may collect from the sudden and deplorable Depopulation of many Cities, Provinces, and Nations, who either have hereby become a prey unto their Enemies: or in the Revolution of many years not perfectly re­stored to their former Lustre. Of this Nature of Infirmity there are two kindes, Native and Adventitious.

Adventitious is that, which is communicated by Society or Vicinity of Person, or Subject Infected: It sometime also hap­neth more remotely in Affinities of Blood, by secret sympathi­zing of their Constitutions.

Native is that, which is originally attracted in our Genera­tion immediately from the Infirmity of our Parents.

Adventitious meets prevention in the Civil Faculty either by Restraint of Commerce and Community; or by a publick Institu­tion of Artificial Remedies.

Restraint of Commerce, with all infected Places (how remotely distant soever) is evidently necessary to the Preservation of the Civil Frame from this Calamity: insomuch, as there are few Materials vendible, in which the Infection may not possibly be transferred to another Nation, after a long cessation of the Ef­fects.

That Restraint of Community should be necessary to the Inter­ception of this common Misery, appeareth evidently in the [Page 86] Contents of Gods sacred Ordinance, Which doth enjoyn the se­questration of the clean from the unclean. As also in the miser­able Consequences, where through a presumptuous Opinion of Fa­tal Necessity, such order is neglected.

The Nature of this Restraint extends to two Distinctions, either Exclusive, or Inclusive.

Exclusive Restraint hath for Object only such Persons as re­sort from all infected places, who usually are secluded fo [...]ty dayes from a Society in common Receptacles for salutary proof.

In inclusive Restraint, concerneth only the Inhabitants of a place intrinsically infected, when the Contagion hath attain'd that height, extrin [...]ical Removals are Impossible, or improfit­able. The Civil Jurisdiction then confining the infected, (with the Domesticks) to the prescribed Limits of the Family, under exterior Guards, who Minister at distance to their Necessities, till the designed tearm of their confirmed Purging be expired.

Artificial Remedies within capacity of the Civil Ministry, are either, Preservative, Curative, or Purgative.

Preservative are such, as honoured Hipocrates, Who foresee­ing the Infectious Vapors encroaching on the Confines of his Native Soil, advis'd the Civil Ministry to cause the Etolian Forrests to be set on Fire; whereby the Air being purified, the fury of the Pestilence was from them diverred. Under this Distinction may also be comprised medicinal Fumes, Odors, Antidotes, enjoyned by the Civil Ministry, according to the Physical Prescription.

Curative Remedies are such Medicines, as by the general Consultation of the Natural Ministry are composed to the pub­lick use, and by a Civil Injunction formed at the publick [...]harge, to be reserv'd in publick Dispensitories, and from thence issued, as need requireth for the common Benefit.

Purgative Remedies have a more peculiar Reference to the Circumspection of the Civil Ministry, although the Advice of the natural not totally therein is to be excluded, which tendeth only to the purging of the Habitations, Utensils, Vestures of Infected Persons, either by Aire, Fire, Water, Fumes, pollishing or demollishing; insomuch, as the Infection undistinguisht may remain conceal'd, not only past the tearm of Civil Circumseri­ption; but after the elapse of many years sometime break forth into a new eruption to the publick prejudice.

Many Indispositions or Aptitudes to several Maladies may be transfer'd by the Infirmities of Parents in our Generation, which properly fall not under the Distinction of Contagion, since they may follow possibly the imbecility of those parts to which they are coincident, as the Gout, Stone, Ptisick, Small Pox, &c. Whereof to agitate, we will not here insist, the Nature there­of being a Subject more peculiarly inherent to to the improve­ment [Page 87] of the natural union; of which we shall persue to treat in our ensuing order: yet are there other Diseases contracted in our Generation, may pertinently fall under this Distinction, as Lues Venerea, Morbus Elephantiasis. The veneran Pox and Leprosie. To the prevention of the latter, we may remit our Civil Mini­stry to the Direction of the sacred Ordinance. But to avoid the Former, the surest Rule will be the extirpation thereof by a pe­nal Prescript.

Sensual Excess, as prejudicial to the Natural welfare of the Civil Frame, may be reduc't to these Distinctions, Gluttony, Drunkenness, Luxury▪ Yet in Respect there are many Degrees of excess, may possibly impair the natural Faculty, that reach not to the note of their Dimensions. It would be requisite to our common Preservation to lend to this extravagance a more visible prescription; which meeting several Measures according to the Age, Constitution, manner of Life and Climate, will yet in the persuit thereof enforce us to contract them to one ge­neral Notion to regulate the rest, Cùm gravata vel oppressa sit Natura. When Nature is burdened or opprest. In Reference to which Rule, although the Nature of Gluttony may easily be discovered: yet since many regular Ministries to Nature may accidentally agree in the Distinction of this Rule, which pro­perly cannot be qualified with Affinity to such Attribute: We therefore must thereto insert a sensual Motive, not such as of­ten is produc't by some preternatural Affection, as Caninus Ape­titus. Pica or the like; but such as soly follow the inordinate Motion of the will; not only in the superfluous Ministry to Nature; but in the untimely solicitation of her Faculty; the Effects whereof become destructive to her Order, either in the insensible debillitating or visible Extinction of the innate heat, according to the irregular Measure of the Ministry, and vigour of the Natural Faculty.

Drunkenness may also in the same Distinctions agree with the prefigured Disorder, only in Respect of the Object, they meet some Difference in their Operations, that may be said to smo­ther or to choak the natural Heat, with the superfluous burden of her Aliment: This, with the Adventitious Heat, (inherent to her Object) to educe and attract the innate Heat out of her radical Position, That frequently but by Degrees; This suddenly and totally disableth from a due capacity of Civil Practice: And though the Effect may sometime meet an Intermission; yet since the Re-accesses hereof are uncertain, such temporary Incapacity may properly, in Reference unto Civil Rights, be ad­mitted to a general Insufficiency.

Luxury also in the prescription to her Nature, may hold an equal Parallel with the Rest; yet in respect of differing Objects [Page 88] whereby they are educed into Act. This inordinance by diffe­rent wayes reacheth the destruction likewise of the Natural Frame. In the frequent Effusion and Elation of the Spirits, which are the perfectest Productions of the innate Heat, whereby the soul can only exercise her Faculties: nor yet can these ex­treams be limited within the Title soly of a Natural Trespass (in which perhaps each one (in right of his own Interest) might challenge to himself a right of Dispensation: since such profuse­ness tendeth not only to the disabling or Destruction of the Practisers, but to the useless dissipation of the common store; as also the disabling of their Issue to the publick use, not only in the natural Defects of the Body, but in the vicious Inclina­tions of the minde, infused in their Generation: and in such powerful Examples habitually fomented and confirmed in their Education.

In which Respect our Civil Minister should lend more strict and vigilant Circumspection to the suppression of such unnatu­ral Inordinacies, instituting thereto a moral supervisor (in na­ture of the Roman Censor) endued with capacity to impose just Penalties on such Disorders, either by publick Infamy, Civil In­capacity, Fine, or Personal Infliction, equivolent to the Degree and Frequency of the Extravagance.

XXX. Of Indigence.

NO Moral Argument can more evidently confirm the fall of Man from the first Purity of his Nature, then This his acquired Misery; it being a Reproach to our Creator to figure an Insufficiency in his hand-maids Ministry: And although Na­ture (suffering under the sentence of Mans Original Transgression) may seem declined from the Perfection of her primitive Institu­tion, in the Retraction of his Grace, had formerly lent more In­fluence unto the support of her Order; yet did such Affluence tend rather to the enlargement of his Felicity, then the necessi­ty of his existence, whose being had rather then for Object his Speculation then his Action; but having in the unhappy ex­change of his Function, sorfeited the Excellency of his Condi­tion, the measure of Her Fertility became proportion'd only to That use, not to the Ministry of his Licentiousness; which wild Revolt from her Prescription, in appearance, might detract from Her Benignity, but not exhaust her Treasury; whose sources, when restrained, are unsluo't, either in submission to the Pe­nalty of the Trespass, To live by the sweat of his Brows: whence was concluded, the Industrious should be filled with Plenty: or in the tender of His Gratitude, in a helpful Dispensation, whence [Page 89] is asserted, The means of Preservation in the Day of his Neces­sity. And although the Latter conclusion may seem to extend beyond the Limits of a Civil Position, to which we in Pro­priety to our Subject only should adhere: yet since the Exposi­tion of the Institutor hath also It reduced to a Civil Notion, un­der the figure of a Prudent Steward. We shall form no imperti­nent Digression to incline to the explicit sence thereof in Regu­lating our Civil Opposition to this Calamity, in respect a mu­tual and coadjutive Ministry immediately is necessary to the due support of the Civil Faculty.

From the general Result of our Argument, may visibly be collected three distinct Principles necessary in Practice against the Approaches of this Misery, Industry, Providence, Charity; which persue also three distinct Objects to attain the perfect use to which they were directed. Industry acquireth, Providence re­serveth, Charity dispenceth: On which three columns, we will erect the Fabrick of our Civil Magazine. To appropri­ate which exactly to the use, we will reflect on the extent thereof, which may be limited in this Distinction, Publick, or Private.

The Publick use hath for Object common necessity; the Na­ture whereof, although perhaps extended to many particulars, in Reference to our livelihood; yet pertinently may be reduc't unto the Intimation of one common subject, under the Distin­ction of Grain; which soly being sufficient to the support of our natural Life, all other Aliments seem therein properly included. This common Calamity (in the Defect thereof) most frequently is induced by the stubborn persuit of our Original Corruption, Which causeth the Earth to be as Iron, and the Heavens as Brass. Such was Iewries misery under Elisha's Prophetick Ministry, such Egypts, under Joseph's Delivery. And though the efficient cause of this Disaster may seem to be of a far higher Nature, then yet [...] Civil Faculty could e're pretend to reach at the Removal in a timely Remedy: yet since Divine Providence hath so far fa­vour'd humane Prudence, as to avoid the fury of the Issue, we plausibly may follow the example of such Practises, which though often grounded on a supernatural Prevoyance, yet have they in their Civil Order left an useful Prescription. The Me­thod of Iosephs Ministry under Pharaoh's Trust, was to erect vast Granaries in every part, successively accumulated from the superfluous Affluence of the common Plenty. In prosecution of the order of this Rule may probably be objected, that he had happier Aids to lend success to his Intention, then humane Wis­dom alwayes is assured of, A remote Prevoyance, and a Succes­sive Plenty.

In Reference to the First capacity may be reply'd, we want [Page 90] no pre-advertisement to That which alwayes may, and frequently doth happen, in one Degree or other.

In Relation to the latter may be inferrr'd, the Faculty of Na­ture doth rarely want such supream measure of Celestial Influ­ence to educe a fertility; where Industry hath in her form'd a perfect Disposition by a proper Culture.

To the useful Dispensation of the common store, we only will insert this Caution, That It be Seasonable, Orderly, Proportion­able; not Chargeable, or Burdensome, the perfect'st Attributes of a Benefit.

Seasonable, Before the exigent hath impaired the Faculty of Nature, either in defect of Aliment, or in impulsive Refuge to improper sustenance.

Orderly, Commencing the supply either in Reference to place or Person, where there is greatest urgency.

Proportionable, This Qualification of our Subject hath in the propriety of use a reciprocal Object. The true Dimension of the Distribution issuing from an equal collation of the common Faculty to the common Necessity, be It distinguished either in Reference to the number or Disability of the Family.

Not Chargeable or Burdensom, else were exchang'd, but not remov'd the Misery, reversing totally the Nature of the Institu­tion, which had for Object soly mutual Relief of the Society, no Civil Commerce for abject Lucre to enlarge a Treasury.

Many other remote Degrees of this publick Exigence may also be produc't by Avarice and Disorder.

Avarice thereto conduceth either in an untimely Restraint of private Store, or in a secret and unseasonable Alienation there­of by exportive commerce, or in perverting the use of the Soyl; to avoid which Inconveniences, the Civil Ministry might constitute an Inhibition, that no private Oeconomy whatever should, under Penalty, presume to extend the total Issue of their annual Store, beyond the Revolution of a double Crop: From whence deducted an equal Proportion to their private use for such a season; the Residue to be tendered at the publick Mart in such equal proportions as might extend unto the tearm so li­mited; and such a Quantity as there remained unvended, the Substitute to the Civil Ministry might take off only at a subva­lid Rate, wherewith the common Receipts should incessantly be replenish'd for the Publick use: To which limited Prescription of Time and Portion should also be confin'd the Buyer as well as the Seller: And for a Regulation to their Commerce, whose Function might alone thereon depend, to limit their Proporti­ons within capacity of their Returns.

Exportive Commerce of this Commodity (except on special Licence from the Civil Ministry) might totally be interdcted.

[Page 91] The perversion of the Soyl hath almost every where found so general a Practice in persuit of Improvement by inclosure, that it may probably be apprehended, without a due and timely Restraint to such Liberty, the Civil Frame will suddenly fall under Prejudice of the Tolleration, either in an incompetent Proportion of our Tillage to the common use, Impoverishing the Labourer, or depopulating our Villages; which usage pos­sibly might meet a proper Regulation, if Imposition might be laid on every Town to lay forth such a quantity of Arrable, as might sustain the Inhabitants thereof against all Casualty.

Disorder also frequently may prove an Introduction to com­mon Scarcity; which following usually the insolence of Licen­tious Armies, the Civil Ministry only can remit the regulation thereof to the vigilance of the Military, if over It remain there to such Influence.

2. The Private use exacts for Object only a peculiar Indi­gence, which usually is induc't by these particulars, Vacancy, Impotence, Casual or Unjust Dammage. Vacancy may usefully be enlightned with this Distinction, Voluntary, or Impulsive.

Voluntary Vacancy meeting this misery, as a just Penalty, might seem but too indulgently treated by the Civil Ministry, to be but only visited for Relief, were not the publick welfare in­herently therein concern'd, either in the loss of a useful and com­municative Faculty, or in the sufferance of a useless and preju­dicial Burden; to avoid the Dammage or Incumbrance of such superfluous Mixtures; The Civil Ministry can only safely imitate the Practice of the Physical; Aut corrigendo, aut ejiciendo, Ei­ther in Correcting or Ejecting.

The perfect'st method of Correction is that, most probably may reduce them to a just Devoir, which properly may be pro­ved in the due Imposition of a penal Task, if which proceed­ing not attain the intention of the Institution, such incorrigible Incapacity may equitably deserve an infamous Ejection from our Civil Union in a prescribed Exile.

Impulsive Vacancy encountring Indigence, merits a more debonair Redress, and nicer Circumspection from the Civil Mini­stry, to educe obstructed Inclination into useful Action; not only in Compassion to an undeserv'd Dist [...]ess, but also in respect their suffering may be adjudg'd a dangerous symptome of the Failing Faculties of the Civil Union: The intercourse whereof can as seldom suffer Intermission or Cessation, as the Natural, without the hazzard of Destruction.

To form a Remedy to this suspension, it would be requisite, a publick mannage were inherent to the Civil Frame (as Davids Rural Oeconomies, or Solomons Naval Commerce) to which all the necessitous vacant might freely have recourse for their Im­ployment [Page 92] at a subvalid Rate, from whence they might have License to retire, when they could finde occasion better to im­prove their Industry, which Institution happily might meet other Important uses to enlarge the welfare of the Common Union, not pertinent to appropriate to our present Subject.

Impotence of Civil Faculty in Members of the Body Po­litick, can only reach to these particulars, Infants, Aged, and the Infirm.

Infants abandon'd to the Casualty of their Existence, may justly from the Civil Ministry, claim the exactest tender of sup­port, in that they are indu'd with a potential Aptitude to make a Reparation of the Breaches, which the Civil Body daily suffers in the Infirmity of Nature, rendring the Constitution thereof in such successive Springs, an everlasting Existence; under what Limitation of time we should denote this Civil Incapacity, can not more properly be exprest, then in the Naturalists Definiti­on of their order: Forasmuch as after seven years tearm they are (according to the Practice of divers Commonwealths) ca­pable of a Civil Introduction to attain their Livelihood. In the interim the equal and less Burdensome Tuition of them, is the Parochial Exhibition, where each particular becomes to his ability an unsolicited Adjutor.

2. As the Civil Ministry should reflect on the Indegence of Infants, in respect of what they may be; so on the necessity of the Aged, in reference to what they have been; which yielding a more visible Proof, may direct us to a more proportionable Distinction in the institution of their succor, some have exhau­sted their proper store in the relief of others Miseries. Others in the support of publick Exigents: Some have spun out their years under the fruitless Travel of a Publick charge. Others sinck under the rigid persuit of their private Function. And al­though the Civil Ministry may seem in Honour more nighly en­gaged unto their support, who are become declined in their Faculties, in Prosecution of the publick Interests. Yet in Hu­manity is It not acquited from the care of their Protection, who therein fail, under what accident soever; insomuch as Age is a common and irrepairable Deficience, inherent to the frailty of our Nature, under what extent of time should properly be distinguished this Civil Incapacity, is positively not determin­able, both in respect of the differing objects of a Civil Function, as also in regard of the various Temperature of the natural Con­stitution, native or adventitious; so that we only can conclude a man agedly deficient, according to the Civil Prescription, when the natural Faculties (only through Age) are so declined from their proper vigour, they can no longer usefully administer to a Civil Practise; from whence should properly be deducted a [Page 93] support to this Infirmity, may be discovered in the Nature of the Subject of their sterril Agitation, which falling under a Publick, or a Private Distinction, we may erect the Institution of supply in due Conformity to the Relation of those Interests. If the Publick more peculiarly have receiv'd Advantage by their Industry. The Dignity of the Civil Ministry is engaged, not to permit their Industry to pass rewarded only in their precedent existence, both in respect their poverty may be a mark of their Integrity, as also such neglect may probably prove a Motive un to others, to prosecute the publick Interests less assiduously and faithfully: to which natural defect cannot be issued a more timely succour, and with less charge unto the Commonwealth, then to admit a substitute to his Office, under satisfaction only in future, to succeed to the imployment: the benefit thereof to be transacted soly to the use of the declined Officer.

If their endeavours were directed only to the Advancement of a private Interest, those Relations (whither Natural or Civil) ought mutually to contribute to their succour: but since no such voluntary conducement can be expected from the degenerate Inclination of Blood, or Ingratitude of man so generaly in Pra­ctice. The Civil Ministry ought not to suffer the infringement of such rights to pass without a Legal Penalty.

The Civil Incapacity implyed by Infirmity, may properly ex­tend the sence thereof to every preternatural Affect, whereby the Body is disabled to the Ministry of a Civil Function, whe­ther it be Native or Adventitious, Temporary, or Irrepairable: which deficience meeting with the Calamities co-incident to Indigence, in Reason may require a speedier and more vigilant protection, then the rest, The afflicted sinking under a double misery, propensive to exalt the Evil of each others Nature. Whence hereto equitably should be deriv'd a succor, exacts a vast extent in the Distinction of the Accidents. If injurious, then is the Civil Ministry charged to exact an equal Reparation from the Trespasser. If under an Assiduous Subjection, and in­cident to the Function, then is the interessed thereto soly enga­ged to the succor: If Naturally or Casually under a Civil Re­lation, the Aid therein hath Reference only to the tearm of such Engagements. If under a voluntary succour of another, the as­sistance is Reciprocal: If under none of these Distinctions fall the Accident, the Natural Relations are engaged next to the support. If those are not endued with a capacity thereto, their safeguard only resteth in the publick Succour.

Who are reduced into Indigence by a Casual Dammage, be it Fire, Inundation, Tempest, War, or the like publick Calami­ty, more equitably may repair, for their support, unto the Civil Ministry: Insomuch, as it only falls under the Capacity and [Page 94] Devoyr thereof to avoid such Accidents by a timely Circum­spection. Nor can a more equal Redress thereto be instituted (since every one may therein be concern'd) then by a General Collection.

The unjustly Dammaged to this extremity may seem to af­ford a Subject more properly inherent to the Decision of Civil Rights, then charitable Aids: Yet insomuch as some have not Capacity timely to prosecute Legal Rights to the Advantage of their Future Interests; either by reason of the Immaturity of their Years, Defect of Natural Light; or strict subordinance to nigh Relations, especially therein concern'd. The Civil Mi­nistry might impose the Circumspection and Tuition of their In­terests upon the next Relation of Capacity to agitate therein, under the penalty of their support, whose Right had failed in their Negligence. This may appear, at first Inspection, but an inconsiderable Caution, to preserve the Members of a Civil Union from this Calamity: Yet when we shall more seriously re­flect on the numerous failing of Successions, Breaches of Trust, and voluntary Reversions of Contracts of Marriage (the chief­est Principles to the support of Families) through the irregular Expence of careless Parentage, we rationally may conclude that this Particular requires more Circumspection from the Ci­vil Ministry (in respect of the Multitudes therein concern'd) then all the rest we have insisted on. Nor can a more proper sub­stitute be thereto instituted, then who may probably be interes­sed in the Consequence: provided that the Civil Ministry be readily assistant to their Remonstrances.

XXXI. The several Objects of the Law in Reference to the Improvement of the Natural Union.

HAving discussed on the several Objects of the Civil Mini­stry, in reference to the security of the Natural Union: In persuit of our Order, we next proceed to treat on the Im­provement of the Natural Union, which, in Relation to the Civil use, extended unto several Objects, may properly fall under the Distinction of these Principles, Generation and Edu­cation, whereon we will distinctly agitate.

XXXII. Of Generation.

WHither it be, that man bruitishly follows the sensual motive of his Nature in Adulation only of the sense; or that the uncertainty of the Effect enduceth in the [Page 95] Agent a neglect of the Act: Of all the Appendices to our ex­istence, no one is so remisly prosecuted (in Reference to the use) as is the Introduction to our Being: which being the Radix, Ground, and Foundation of all Natural Perfection, in Reason should exact the nicest Circumspection: And although the Pro­ductions of Nature have higher and more secret Guides to form their operations, then humane Wisdom can pretend to alter; yet since the matter, whereon those hidden influences do ope­rate, falls under Regulation frequently of humane Faculty, by a judicious and preadvised Preparation, the Matter being rendred more perfectly susceptable of their supream Impressions; the Form thereof will consequently become educed into more perfect Action. This is made evident in sundry vegetives by daily Practice of our terrein Culture. And more (to our Re­proach) in our Assiduous Conjunction of those Animals, whose kindes have a peculiar Reference to our abject Lucres, or Li­centious Pleasures. Perhaps a curious Artist also might hereto insert the speculative Prevoyance of the order of the Celestial Lights, administer those predominant Influxes; to the Ad­vancement of our purposes in an exact Election: But since the Practice probably may seem repugnant to the use and instituti­on of those Superiour Ministers, attempting to direct their ver­tues, who do ours preside. We only will adhere to our prepo­sited Induction, which to the establishment of our Position, will direct us to the Restraint of these Particulars from so mate­rial an Operation. The Immature of Years, The Drunk, The Li­centious Luxur, The Infirm. The Immature in Years, In Respect that Nature being then busied about the accomplishing of her Structure, imployes her vigour soly on the exact forming of the Parts thereof, e're she proceed to propagate her kinde for Restauration of her Order; from which diverted in the Antici­pation of her Ministry, she leaves her edifice unperfected, and in the Inaptitude of Materials thence deducted, educeth but a Frail and defective Constitution in another. What Distinction of Time should regulate this Prescription, may authentickly be collected from the Naturalists Agreement of the Confirmation of her work. Aetate Consistente. In the Consistence of our Age; which Aristotle Entitles, Aetas procreandi Divina: Yet since the Institution of Generation confined to those years, may seem di­rected rather to the Perfection of the work, then thereof simply to avoid but the deficiency. We may proportion the Extent thereof more properly according to the Model of the Civil Or­der, which much should erre in the propriety of her Function, to admit a Member to the priviledge of being Master to a Fami­ly, e're it allow him a Capacity to the Fruition of his Property. Whither it were necessary to the use, to include each Sex in [Page 96] the Position of this Rule, may probably be disputable: Yet since it is a work of Nature, we therein plausibly may be di­rected by the enlightners of her Mysteries, who generally affirm­ing the nobler and more solid parts of our Composure to receive the chief part of their principles from the Masculine, we pro­perly may incline to the exclusion of the Feminine from such Regulation.

The Drunk. In the Intimation of this Exception, we only do imply the present State of this Disorder: not but perhaps Cu­stom may therein probably attain to such a Habit, as might be requisite to admit of an Intermissive, or a General Exclusion. In Reference to our Position the Carthaginians form'd this Cau­tion, Not to exceed in Wine that night design'd for Procreation. In Respect the excess hereof not only perturbs the Spirits, chiefly officiate to the Operation. But nature also (surcharged with a superfluous Burden) contracting all her vigour to regu­late the Disorder, becomes not only then diverted, but en­feebled to the exact Execution of her highest Ministry. Nor is it probable but that the Genial substance suffers in the Distem­per such an Alteration and Intemperature as may deprive it of that Aptitude, should render It susceptable of a perfect Form. But how the Civil Ministry should equitably exercise a Faculty of Temporary Division, where It hath constituted a continu­al Union, is scarce distinguishable, unless it be by Imposing Penalty on the Civil Trespass, Infamy on the Natural; where­in the Modesty of womanhood impeeched, might possibly crown the Intention of the Institution with success.

3. To interdict Licentious Luxury: from the legitimate Pri­viledge of Natures needful Ministry, may seem a Procedure re­pugnant to the Civil Institution of her useful Remedy; Yet in Respect such wilde desires rarely do submit unto a decent or regular Prescription: As also that the consequence attends on the Pretence may probably subvert the natural end of such a Civil Priviledge, either in debilitating the Natural Faculty by too much effusion of the Spirits, in an untimely frequency of the Act, or impairing the Natural Faculty by contracted In­fection from the Diversity of Objects; we properly may ad­mit of such an Inhibition (not only as a Natural Caution, but as a Civil Penalty) since Nature in us covets to perpetuate our Existence in the successive Propagation of our kinde, nor is totally improbable, but that the Civil Institution of divorce assumed an Establishment from the Reflection of our equal Pur­poses.

4. That it should be requisite to an exact Production, to sus­pend or exclude the Infirm in Natures Faculty from officiating to her Ministry, is so evident a Position, as will rarely meet a [Page 97] Contradiction, in regard, Nature then soly is intentive to re­pair the Breaches of her proper Continent, not to form her Similitude in another, to which if then impulsively dire­cted, she forced is to assume her principles from an imperfect Abstract, whereby those deprav'd Dispositions and Intempera­tures become transferred on her purposed Pattern.

What kindes of Infirmity (under the Capacity of Civil Uni­on) or what degrees thereof should properly fall under Inhibiti­on. Nature her self may prove the best Informer, whose Mo­tives seldom are irregular, if not suborned by licentious Habits; Although perhaps sometimes left soly to her proper Conduct, she therein may officiate to her own Infirmity; yet are the Ef­fects thereof perceptably preceeded or accompanied by other Symptomes preternatural, which falling under the Capacity of other Cure, may equitably be dispenced to assume that Course; might probably produce an equal Inconvenience in Anothers Being: But how the Civil Ministry should be possessed with a Faculty to regulate this Inordinance, where the Defects reach not a visible Incapacity, not clearly is distinguishable, unless it be in the suppression of Licentiousness and Lux, that frequently foment the untimely and Indecent Motions of the Sense, which so become subordinate to Reasons Ministry, shall seldom want other Inducement to regulate the will, then our own present Safety, and our own Issues future welfare, endangered in a sen­sual and untimely Liberty.

Having attain'd the Natural Object proper to the Improve­ment of our Being, exactly forming the Constitution of the Body in a regular Generation, it might perhaps yet appear neces­sary to the due Prosecution of our Order here to persue the Im­provement of the Animal, in Reference to our present Subject. But since the Soul educed only is to perfect Action, by the just Figure, Contiguity, and Temperature of her Organs, in po­siting the exact Composure of the Natural Fabrick, we have implicitly concluded of the potential Perfection of the Animal Faculties.

XXXIII. Of Education.

NAture having never so exactly cast her Model, yet in our first Education leaves the supple Matter Subject to the Alteration of every flight Impression: so that the Circumspe­ction of our Elevement is of far higher Consequence then the Regulation of our Primitive Materials: Insomuch as in our Gene­ration we receive but a potential Aptitude, in our Education an actual Habit: And though the Natural Inclinations rarely [Page 98] are effaceable, yet are the most irregular sometimes [...]mprovable, if undertaken in the Infancy by a vigilant skill: As also the most consonant Impairable committed to an Imp [...]udent Neg­lect; a visible proof hereof, Licurgus the Lacedemonian Le­gislator published to the people in the dissenting Inclinations of two Hounds extracted from one Litter. The same Analogy in efficace, as our Culture holdeth with the Soyl, the same our Education, with our Generation. The dispositions of Nature, though ne're so fertile, being but extravagant Propensities, if not directed to a useful Ministry; nay, usually the most pregnant F [...]culties ex­act the most advised Regulations, as well in the Animal, as the Natural Operation: which Circumspection must be seasonable, while yet the plyant matter is susceptable of any form, and the facile Spirit not servilly possest with an insulting Custom. As the Receptions are then most easie, so the Impressions are then most Lasting. Quo semel est imbuta recens servabit odorem Testa diù. The Vessel retaineth longest the odor of the first seasoning. Neither requires this only an Oeconomical, but a Civil vigilance. So much was implicitly exprest in the Spartans Reply, When their Adversaries demanded thirty of their Children for Hostages, refusing to yield up their youth, they proferr'd to engage a double Number in virility.

Under what general Principles our present Subject should be distinguished, or how persu'd, we farther will examine; such Notions first preposited, may form our rude and passive Nature, perfectly susceptable of so exact an Institution. In Reference to which order, our frail Composure being constituted of differing Materials, the Civil Ministry must in the Regulation thereof vise at distinct Objects to educe the individual into useful Acti­on, Chearful Vigilance, and Infatigable Travel, in Relation to the Body. Moral Civility, and National Affection in Reference to the minde.

Vigilance, In regard such Habit endueth us with Capacity to anticipate all Occasions, may conduce unto our Purposes, ex­tends the tearm of Life lost in a sluggish Stupidity, and lendeth more Facility to the Prosecution of an enterprise: Nor is this season of purility only material to this Regulation, as most sus­ceptable to the Induction of any Form; but as most incident and propensive to yield the Indulgences of floth, most frequent­ly then accompanying the o're humid Temperature of the Brain. Which exercise we have qualified with Chearfulness, lest the severity of such a Caution should become to yet unactive Spirits a disagreeing Burden, so render them less useful, fetter'd with such Anxiety: On which Consideration, was perhaps grounded the Prudence of those Parents, who have been so exactly re­gular in Education of their Children, to have their Spirits, [Page 99] (with the new born day) summoned softly from their flattering slumbers by the inticing notes of Harmony.

2. Travel, Insomuch as by assiduous Exercise, the Body by degrees becomes both strengthned and inured to encounter Actively or Passively, all Oppositions peculiar to our Functi­ons, or accidental to our Fortunes. The constitution of our Body becomes hereby improved, and our Health secur'd, The Spirits hereby also will become more pure and vigorous to the Exercise of the minde, To which Practice we have annexed this Coherent, that our labours be not so remisly prosecuted, as they might suddenly become rebutable, but that they might inces­santly extend unto the time prefixed to the use, without Incum­brance to the undertaker, either by entertaining the minde with variety of Objects, or with the Recompence and Glory of the Issue.

3. Moral Civility, This Qualification extends It self to many excellent uses, perhaps beyond the full Prescription of our present Observation, or the just Capacity of our Treatise. First it layes an exact Foundation for Civil Rule to erect her Fabrick on, forming the minde to a gentle and submissive Obe­dience; whereon was constituted the Spartan Glory. It lendeth a ready Capacity to every knowledge, in a plausible Docility. It disposeth the minde to a timely and officious succour, in a resenting Humanity. It appeases the fury of an Adversary, and wins our Inclination e're we consult our will. It is the very band of common Union, and the establisher of Peace. Reproof in­vested with this Ornament, is an effectual Balm, and the most strict subjection still agreeable: Nor yet becomes the Influence of this Vertue limited within the Notions of her proper Na­ture, but polisheth the minde to the more apt Reception of ho­ly Mysteries. Our Savage Nature (of necessity) must first as­sume a meaner speculation, e're it can be endued with Capaci­ty to ascend unto so high a Lumination. Humility and Concord are the most proper Figures of a Civil Conversation, and with­out question the first and utmost step to Divine Institution. Nor can the sullen rigid Forms of a transported Zeal, win a judici­ous Credit of interiour Piety, which strive to smother these exterior Graces of Humanity.

4. National Affection, Of all the endowments, may, in our frail Conjecture, tend to the exact composure of a well form'd minde. No one, in humane Reason, can be so requisite to the Establishment of a Civil Felicity, as This entirely constituted in every part of a Community. All other Vertues may have secret Sources, and Improper Objects, not consistent, perhaps, with their true Essences, but in form, adhering only to peculiar In­terests. This only is the proper test to all their Attributes, [Page 100] most Histories being pregnant in Authentick Proofs, That Ver­tues fairest Ornaments have frequently, not only attempted, but therein succeeded, nay materially conduced to the subversion of the Civil Frame. The first and most visible step to all the antick Roman Glory, and ensuing Greatness was formed from the secret influence of this their innate Lustre, and in decline there­of Both terminated. Invincible being that strength, where all the Members of a Civil Frame, are animated only by one Object.

Our rugged Nature thus polished and prepared to the Rece­ption of a more excellent Capacity. We will proceed to the Remonstrance of those Objects, we purpose to direct them to, as most material to the Civil Union, which properly may be comprised in these ensuing Principles, Letters, Arms, Agricul­ture, and Manufacture: These being the only Columns that support a Civil Fabrick, though several useful Branches hence deriv'd, may possibly, at first Inspection, seem to participate a more distinct Nature in their Consequence.

1. Letters have in their Nature a very vast extent, possibly not coherent, nay probably not consistant with the Felicity of a Civil Society, since we may evidently collect this general ob­servation from Records of Antiquity. That the most flourishing Empires have visibly declined from their Vertue, and Valour, as they have made higher progressions in the search of humane Sciences. Nor hath the secret effects hereof been less remark­able * The Goths in Greece. to the barbarous and illiterate Incroachers on the Christian Continent, who have forbore to ruine many publick Libraries, only on this design, That they might be left as useless Trifles to amuse their subdu'd Adversaries, and restrain them from any generous Attempt, might reinvest them in their former Liber­ty and Glory. The truth is, Letters in their abord, have an al­luring Faculty, doth easily induce the minde, not only to a neg­lect, but to a general misprision of Civil Practises, and the se­dentique Posture is of necessity imposed on us in persuit of their Mystery, unerves the Body, and effeminates the minde.

To avoid therefore this Error in Their Nature, and this In­convenient in the manner of Their Acquisition, we will confine Them only to Their proper use, and prescribe to their exercise such Objects only, as are material to the Civil welfare. All Arts and Sciences whatever, being but ridiculous Positions, which in their Speculation and Practise, may not become redu­ced to a Civil Benefit. The first and most perfect use of Learn­ing in General, being, without Question, but to form our Judgments the better to direct our will, although our publick Seminaries seem, both in their Allowance and Practise, to vise at nothing more then the enfarcing of their Memories, esteem­ing [Page 101] those Compositions to contein the fairest Ornaments of Learning, which have the most variety of Quotations, adhe­ring more to the Authority of anothers Fame, then to the vi­gour of their proper Reason: so that in conclusion the whole Texture of the elaborate work tends but to shew a specious In­ventory of other mens Opinions, scarce shadowed with their own.

The Objects of Learning especially conduce unto the com­mon welfare, must of necessity either have Reference to the Re­gulation and Improvement of the Minde, Body, or Estate: To Illuminate, Rectifie, and Guide the Intellect, Letters presents us those two useful Pieces of History and Moral Philosophy. To repair the Breaches of our Infirm Nature, Physick, with the De­pendences thereon. To secure our Estates, the Laws Civil and Common. To mannage and improve them, the Rules of Oeco­nomy, and Mathematicks, the Minister to Arts and Commerce. Prescribing these Limits to the extent of Letters, we without Difficulty shall reduce Them to their proper Institution. And annexing the Practick to the Theory, as alternate subsequents to each other, we also shall with like Facility avoid those Indis­positions insensibly do steal upon our Body in the assiduous Pro­fecution of Their knowledge, which might perhaps else render us less capable of Civil Action.

2. Armes in their Nature have a more visible Influence to the Establishment of a Civil Felicity, tending not only to the ex­pulsion of invading Foes, and the securing of extrinsick Com­merce. But to the Interiour Reduction of every Member to the Conformity of the Civil Jurisdiction, Not inserting the Pro­priety thereof to the enlargement of the Civil Frame, because such extent not properly is inherent (although sometime coinci­dent) to the Civil welfare: so that we may hereby perceive three distinct uses in their Institution, For Defence, For Offence, and For Parado: Though less civiliz'd Nations did first direct Them to a happier end, gaining therewith their livelihood. To form which more susceptable of a fair success (according to the Rules of humane Sence.) We will appropriate every distinct Subject thereof to the most apt managers. The Cavalry (ac­cording to the Roman manner) to the Noble. The Infantry to the most Strenuous, and the Naval Force to the most rugged sa­vage Tempers.

3. Agriculture is the Primitive and more essential Column that supports the Fabrick of a Civil Union, inasmuch as such Society may possibly subsist happily without coherence on the preceding appendices. But None without This. Nature exacting the first and most powerful Ministry, the pretences of the joynt Concurrents being only but Ornare to embellish. This only [Page 102] to support. And although It may here be instanced, that many Nations have happily subsisted only on the voluntary Producti­ons of Nature. Without advantage of an elaborate Culture, e're Lux and Avarice had presum'd to violate her Virgin Purity, by their adulterate Researches. Yet in Respect so happy an Existence may (in Reason seem rather a Consequent to the Im­proportionable extent of a scarce Habited Soyl, or the indul­gent Remissness of a stupid Society, then the digested contenta­tion of an elevated minde. The active Temper of a rational Soul still prompting her Faculties to the Illustration and Im­provement of every Subject, falls under the capacity of her just Regulation. We may admit the use Hereof of higher conse­quence, to the establishment of a Civil Welfare: not only in the necessary Ministry to our frail Composure, but in the ex­act constituting a proper Seminary to frame a Body Millitary Assiduous Travel extending the Muscles, strengthning the Nerves, and animating the Spirits to the undaunted encounter of every Danger, Pain, and Difficulty, might properly or ca­sually ensue the Enterprise of so honourable a Condition: so that we may probably Conjecture, the several Eclipses of the Laconian Empire (though otherwise exactly regular in Educa­tion of their youth) proceeded chiefly from their Exemption, Neglect, or Misprision, of so requisite a Function; the burden hereof being totally imposed on their * Slaves. And though par­ticular Etolians. occurrents can form no Proof might reach the full Pro­priety of a general Conclusion: Yet when we shall reflect up­on the efficacy of this Exercise, in forming and Reforming the most improper and depraved Constitution Nature could pro­duce for such Intention, to the exactest Model of a martial In­stitution, in the last, and not least, Eminent * Person, lent Lustre Philope [...]on. to the Grecian Glory. We may (without strict Forms of Ar­gument) conceive how far the influence of our Subject may herein conduce to the establishment of a General Notion, which may be farther verified in the Turkish Institution of their Ianezaries, the only Strength and Glory of their Armies. Nor should, in Reason, the mannaging of so useful a Ministry be soly committed to the grossest Capacities, as a subject insus­ceptable of a higher speculation, since the most refined Judg­ments have endeavour'd to reduce It to a regular Prescription.

4. Manifacture is the Nurse, Minister, and Proof to the pre­mised Principles. Without this Graphical Dimension all Arts and Sciences are but speculative Conjectures, unform'd Embry­ons, Doubtful Idea's, even to the most elaborate and perspicu­ous Pretenders, nor in themselves but empty Suppositions un­apt for Civil usage, until a manual operation shall produce a more assured and useful Conclusion in a visible and effectual De­monstration. [Page 103] Nor could be figured, in Reason, unto humane Sence, why such Function should win less Credit in a Civil Mi­nistry, then the preceding Principles, had not the Practitioners, in slubbering and corrupting of their Operations, in persuit of Lucre, so abjectly fallen from the first rational and methodical Inspection of their Arts, as to reduce them only to a Mecanick Observation. Having prefigured the Impressions proper to a Civil Introduction, with the principle Objects necessarily inhe­rent to the perfect Ministry Thereof. Order exacts that we should next insist upon the means, whereby the Civil Jurisdiction might form such Institution to the publick Benefit; in which we will first consider the Age and Quality of the persons recei­vable to the publick Tutelage distinctly with their proper Ob­jects, and their peculiar Seminaries.

1. The first Years of Capacity to be admitted to a Civil In­troduction, is according to the common usage of the most In­dustrious Societies, Aetas Puerilis, The Age of Purility (which Naturalists define to commence about the seventh year of our Age) In respect that our Facile Nature is then most susceptable of a regular Impression. The Orgains then best fashioned to a ready Execution. The time well advanced to a perfect Acqui­sition; and the Habits so acquir'd, best formed to a stable Reten­tion: In Reference to which Institution, the Custom of our Climate is herein much impeachable, suffering our youth, in a sensless or indulgent Reaklessness and Remisness, to be well ad­vanced in their Age, ev'n to sixteen or eighteen years, e're they allow them fit to address themselves to Civil Action, judging the time preceding usefully imploy'd in persuit only of a Tongue, scarce useful to their following purposes, which if materially thereto consequent: If methodically, seasonably, and industri­ously persu'd, might in far greater a Perfection be attained in one Annual Revolution. And although such prescribed years may probably seem to reach a Capacity of Initiation in Exercise of other Objects, but not in the use of Arms till doubled in the number of Prescription: yet may their usual sports be so dispo­sed in the vacancy of other undertakings, a strenuous and un­daunted Aptitude may thereby become formed in their supple Nature, to render them in future more susceptable of that Ex­cellence is requisite to so penible and perilous an Imployment.

As to the Quality of Persons in General, we cannot (with Reason) in Reference Thereto, admit any Member of our Civil Union to a Priviledge of Exception from publick Action; in­asmuch as a mutual Community, is as necessary to the forming of a common Felicity in the Civil Structure, as in the Natural; no piece thereof falling from a reciprocal Ministry; without Ob­struction or Corruption to the whole Frame.

[Page 104]In particular, we may reduce the Qualification of every Sub­ject of our Civil Society, in these Distinctions; The Rich, The Mean, The Poor: Under the first Difference we may infer Those, who are by the Advantage of their Birth, or otherwise visibly intitled to an opulent Succession, though the Capacity thereof reach but to a decent subsistence. Under the Second, who from their Parentage may expect some small Endowment to the In­troduction of a Civil Profession, but not so large a proportion, might yield a visible Foundation to a necessary support, with­out concurrence of their future Industry: Under the Latter such as have no visible adherence to any Faculty might admit them to the Introduction of a Civil Function.

To the first Qualification, we will appropriate an Object of Industry, suitable to the Advantage of their Fortunes, which potentially forming in them an habitual Tranquility of Minde, and a voluntary Repose of Body, may lend them a more facile Access to Spiritual Endowments: Nor is It consonant to the Dignity of Their Nature to become in any a prostitute to abject Lucre; from whence 'tis probable such Sciences have held their splendid Attribute. Liberal, rather in Respect of the Acquisitors freedom in communicating their Efficacy to the Benefit of others, then from enfranchising an abject Spirit in a generous Elevation; or a servile Fortune in an honourable Illustration. Such uninteressed Practises in publick Persuit of the Laws for the Decision of Private Rights formed the Antick Romans, worthy and susceptable of their ensuing Regency and Glory. Such Enlargement of Grace in their Physical Dispensations, qualified the Arabian Princes with more Dignity then their Dia­dems. Such zealous Ministry in publick Enlightning Sacred Mysteries invested Iuries Rabbies with more reverence then e're the awful power of Rule could reach unto. Letters have lost their Purity and Esteem, since but persu'd for Mercinary ends: but yet confine we not any person under This Distincti­on, to the exercise only of these Objects. Letters may pro­bably so enlighten the understanding, and confirm the Reso­lution, that after a competent Time of voluntary Subjection in the use of Arms, These only may become exact Comman­ders in the Martial Frame.

2. To persons under the Second Condition, we have design­ed only the use of Manufacture. In respect (as is propounded) they are visibly adherent to such a Proportion of a Civil Fa­culty, as may lend them a Capacity both of the Initiation and Practice of their Functions, many occupations may seem requisite to the Composure of a Civil Structure, are not exact­ly specified under This general Distinction. But when we shall exclude all Debutors of Commodities from Publick Trade, [Page 105] but only such as fram'd them: or at least (if divers hands, dif­ferently qualified, were needful to their Supplement) who most usefully contributed to their last fashioning: As also forreign Trade shall be reduced only to Receipts of publick Com­merce. We shall have sufficiently figured our intention under the Extent of this only Attribute. Other forms of Commerce tend­ing but to the enhancing of Commodities to the Advantage on­ly of Particulars, who, like idle D [...]ones, suck all the Benefit thereof from others painful Industry, which only had conduced to their forming.

To Members of the Last Distinction (having attained the years of Civil Capacity, either under their Indegent Parents sterile or declining Industry; or under their native Parochial Tutelage) we properly may assign a double Ministry, forming their Limbs first ready to a strenuous Execution, by the assidu­ous Labour of a royling Culture. Their Bodies also thereby hardy grown against the exterior Injury of the Seasons; and their Constitutions apt to suffer, without prejudice, such Ali­ments, as the urgency of time may possibly, in future Occur­rents, sometime have recourse unto. Who thus become exactly endued with these Habits in persuit only of This Object, we may, on the Maturity of their years, from thence (by Civil Ordinance) transplant them to our Martial Seminary which constituted only of Licentiats, such as become aged in their active service are withdrawn to an easier Duty, and instituted only for Parade or Ornament to the Civil Frame) they may with much delight, in so expert a Society, in one Annual Revoluti­on attain to such Dexterity, Facility, and Grace in Exercise of Arms, as shall be requisite to the Success of future Action.

As to the constituting several Seminaries proper and peculiar to the attaining of these Objects, they only can establish't be by Order and Injunction of the Civil Ministry, lest the Remiss­ness of Iudulgent Parents should render such an Institution fri­volous. To the Regulation of Persons under the first Quality, instituting well composed Academies in every County, to avoid the numerous Affluence of Associates, which, swelling to a Multitude, might in Disorder or Neglect, render them less ca­pable of an exact Institution.

Particulars under the Second Intimation, pursuing in one General, Objects indefinite in their Nature, can no way be re­duced to a limited Prescription; we will therefore leave them to the Liberty of a voluntary Election, in Respect of their Na­ture, provided it may be essentially material to a Civil use: and in the manner, according to the due proportion of such time, as may sufficiently form their Hands, and enlighten their under­standings in the perfect Mystery of their Art.

[Page 106]Persons, under the Latter Inference, may in their first Intro­duction to a Civil Action, be committed to the Provision of our Justices of Assize, who in their usual Conventions may as­sign Them to the Tutelage and Instruction of such Masters, within their several Jurisdictions, as shall be noted of Capacity to entertain them in assiduous Action proper to our premised Object, Agriculture. Till therein reaching the due tearm of Ma­turity for Military use, they may be thence transplanted to our prementioned Society in Armes intended only but for Ornament to the Civil Frame; where passing their Probation, they be­come fit undertakers to persue more weighty Enterprises.

XXXIV. The Extralegal Reward of Vertue.

HAving exactly fitted the Members of our Civil Body to an apt Progression (by the Preservation and Improve­ment of their Natural Faculties) e're we display the Objects of their Course, It will be materially useful to a perfect success in our undertaking, to persue the Improvement of the Interior or Intellectual Faculties, by encouraging the Transactors with the Glory and advantage of Achiving, or deterring with the Re­proach and Dammage of their failing in our Enterprise, so ani­mating or restraining them, that a generous Emulation might prompt them with more Ardour to pursue the publick Benefit included in their own, And though our corrupt Nature may seem to need no other Motive to the plausible persuit of our Functions, then our own Passion for ensuing Gain: Yet the Relishes of youth (the aptest seasons to a perfect Institution) are not yet fitted to the Baits of Avarice; or if they were, the publick Test no small Induction is to the Enlargement of such Acquisition; whence probably is formed that Notion, Honos alit Artes, Honor is the Nurse of Arts: Why no Civil Law pro­pounds a Benefit or Advantage unto any for the Intended or the Perpetrated Good; but the Infliction only for the Evil acted, [Page 107] is probably, in Respect, That Virtue in her self is held her own implicit Recompence, it being a Blemish to her Purity to have any Object forth her proper Sphere: which motion only figures her Distinction: Nevertheless, on these Two Pillars was the sa­cred Law erected, though but the Latter only therein expressed. A Law without this implicitly in it self, seeming but a servile Im­position; and having This explicitly in it self, a mercinary Exacti­on. To figure which Mystery, though the General Clauses of the Sacred Law were published, yet the particular Covenant, Ground, and Pledges of the Law were secretly, with the Law, unfolded in the Ark, which none but the chief Ministers to the Law approached, and every curious eye forbid therein to make Inspection. Of such Nature should the Investure be of Vertues Dignity, Indefinite and immaterial, that her Actions being free and without propounded Compact, might render the Purity of her sources to be suspected neither vain or Mercinary. Equivo­lent to this Rule was that prudent Generals Dispensation in his Ministry, who to dignifie the vertue of his Magnanimous Cou­rage, to whom they were indebted for two Victories in one day (on his generous refusal of the spoil designed for his Recompense, as too mercinary an endowment for a Noble Temper) presented him his Horse for Martial Service, with the Caparison of Emi­nence belonging to his State, and qualified him with the Title of that Coriolanus. Place, his valour had acquired to the publick Benefit and Honour. And although such a procedure may possibly engen­der private Envy and Grudges to the forming of Civil Discord to the publick Prejudice: yet such Inevitable and Corrupt Pro­ductions spring but from the Rankor of abject and degenerate Spirits. Mindes elevated and refin'd, receive from thence (with Cato) a more noble Resentment, Who failing in his Pre­tences to the publick Ministry, conferred by Election on his Compe­titor, was so far from a distaste thereat, that he wished that all his fellow Citizens were justly in that, and in all things else to be pre­ferr'd before him. It was this Glorious, Lost, Forgotten, and misprised Idea of the Soul, acquir'd to antick Rome, her Dig­nity and Extent. The publick welfare in general is but remisly persu'd, nor the particular Members thereof but faintly sup­ported. Where the Prescription of the Law extendeth our De­voyr only to the performance of our Contract, and not to im­pair anothers Property: And notwithstanding It agrees not with the Nature and Dignity of so illustrious an Attribute, to bor­row an Original from any Retribution, or exterior Advantage whatsoever. Yet shall that Prince or Magistracy, which but neglects (nay nicely not encourageth such eminent Proceedings) never attain the Glory or Felicity of a flourishing Society.

To avoid the Hazzard of which Consequence, we will pro­ceed [Page 108] yet farther to distinguish the Nature of our Subject, with the several Objects: and the Capacity of the publick to im­prove the Effects thereof.

The General Objects thereof are either Publick or Private. The particular Objects in Reference to the Publick, may be in­ferr'd in these Distinctions, Martial, Civil, Natural, Mecanick, and Munificent: nor yet in Reference to Particulars, is any Ob­ject thereof rightly instanced, which may not be reduced under the extent of these Principles: as also sometime possibly in one Subject may they meet a Complication in their Nature.

In the Distinction of the Martial, we may imply such ex­ploits in Arms, either Offensive or Defensive, as in a Lawful War peculiarly conduce unto the Publick Benefit and Honor, beyond the Simple Intimation of Devoir inherent to our charge. Ac­cording to the Pattern of▪ the first Difference, was Coriolanus Atchievement, Who in the close persuit of his Enemies, entred the City with them, and with the Aid only of a few that followed him, reduc't it to the Roman Government. And while yet freshly ba­thing with the Sweat of his Toyl, and the Blood of his Foes (having secured the City) returned to a doubtful Conflict without, betwixt his Party, and their Adversaries, both Ignorant of what had pas­sed, where magnanimously fighting for his Countries Glory, both Victories were imputed soly to his Valour. A Parallel to the Latter Distinction, was that Romans Horacius Cocles. Adventure, Who, with his Company, persued closely by his Enemies to the entrance of the City, caused that part of the Bridge, was betwixt him and his Companions, to be cut off; That he alone making a head against the fury of his Enemies, might so afford them time to enter for their own Security, without a farther hazzard to the City: which done, he (with his Arms in his hand) leaping into the Mo [...]e, sur­rounded it, s [...]um to the Banks thereof, where his Associates Re­ceived him with Ioy, and Admiration of his Vertue.

Nor truly can it be denied, but that as we have lent this Di­stinction the Precedency in order, so both in Right of Anti­quity and use, It seems herein to challenge the Preheminence, not only as the Founder and Establisher of the Civil Order, whence issueth the Capacity of the Rest; but as the most pe­nible, dangerous, and highest Adventure to the undertaker: which seriously considered, we may undoubtedly affirm, the real Source and Element of Dignity most properly is sea [...]ed in This Exercise, as appeareth in the Nature and Signature of the Primitive Institution of Honour on Esc [...]sions Antick Pieces of Armory. And in the successive Additions Thereof in several Orders of Knighthood; although both the one and the other have been promiscuously conferr'd without a Reference to any such Distinction: yet hath It not been without Blemish and [Page 109] Detraction of the Grace Intended in the Institution, whence probably hath issued the Misprision and Inefficacy of the Or­dinance, especially when the Corruption of succeeding Ages had prostituted her highest Attributes to a venal Acquisition, or other interessed Intercession. It were very requisite there­fore (that every Qualification might reach the Intention of the Institution) to form such Illustrations of Honor proper and pe­culiar to the Nature and Distinction of the Fact. That the more noble Consequences might not be ballanced in esteem with the Less, nor the Less with the Greater, to the Envy or Misprision of the Institution. And farthermore, that such In­vestures of Dignity might have no other Tract of Acquisition, but the Free Grace, Acceptance, and Acknowledgement of the Institutor, in Reference only to the due Merit of the Acquisi­tor. Otherwise the use and Benefit thereof will soon be frustra­ted and void.

These Ornaments of Civil Distinction may probably ap­pear a Vain, Ridiculous and but an empty Gratuity, un­becoming the Majesty and Magnificence of a Prince, or State; not accompanied with more essential Inherences: Yet rightly conferr'd, they are but Ceremonious Pledges of the ensuing Necessity to enlarge their Civil Faculty in future Employment to the publick Benefit: Notwithstanding They may possibly meet in such a Subject, whose Indigence might exact more timely and material Gratuity, else such intended Grace might prove to them both Burdensome and Reproachful: which In­convenient might happily be supplied from the Common Treasury in some Annual Pension. Provided, that neither the Proportion nor Continuance thereof, had other Reference then the due support of that Dignity conferr'd, until some Acci­dent might form an Opportunity to transact like Advantage on them in some useful Ministry most proper to so eminent a Capacity. Otherwise, if such Munificence were more Gene­ral or unlimited, The Treasury would either thereby become so burdened, or exhausted by the continual Affluence of Pre­tenders, that either new Sources thereto must be derived from the Subjects by a general Levy of Impositions, to the publick Prejudice, or else the Majesty of a Prince or State become eclipst through Penury and Want.

Under the Intimation of Civil Offices to the Publick ex­tending the simple Latitude prescribed to our Charge, may be comprised the Council or Advice, that with undaunted Inte­grity makes either Proposition or Opposition against the Pur­poses, Designs, or Practises of a Prince or Populace to the Ad­vancement of a Common Good, or the Declining of a Publick Damage: though to the hazzard of Estate, Liberty; or Life. [Page 110] Such was Regulus Advertisement to the Senate, When they in­clined to conclude a shameful Peace with their insulting Enemies in favour only of his Safety, become their enlarged Intercessor, on his Faith, failing thereof to return: which resolute Perseverance in a Publick Convention, may sometime possibly pass under Censure of an incautious or corrupt Obstinacy, that with sin­gularity in form tendeth but to foment intestine Faction. But the Grounds, Inherence, and Consequence of such Debates ex­amined, will evidently disclose the Nature of the Intention: The Former usually proceedeth with more Modesty and Suffe­rance. The Latter with more insolence and Passion. That but endeavours to enform or to enlighten his Pretences to an equal Reception: This to impower them to a servile Imposition. In private Conventions such Procedure may seem but to decline that Interest for which peculiarly the Members thereof were united. Yet rightly understood, it may become a Paradox to af­firm, that Prince or State can be endued with Capacity to re­ceive any real Advantage involved in a Publick Prejudice, or disjoyn'd from a Publick Benefit; though such a Notion hath unhappily passed for a general Posit [...]on. Whereby, Princes too frequently resent with high Indignity Repugnance to their will, corrupted by the Adulation of adulterate Glosses: But a pru­dent inspection will from ensuing Consequents soon collect the Error of their Apprehension: And Honor that Integrity, ad­ventureth rather to incur the hazzard of his Princes Favour, then wilfully to betray his Masters Interests. Such a resentment was plausibly exprest by one of our illustrious Princes, Whose youthful Licentiousness (during his Fathers Reign) being gravely checked by a Civil Magistrate, proceeded to that heighth to strike him; for which, he being by the Magistrate committed, He after for such Procedure, was by him (succeeding to his Fathers Throne) most highly dignified, acknowledging he worthily had therein main­tained the Dignity of his Laws.

3. By Inference of a Natural Beneficence, we may imply such genuine Discoveries of Natures Mysteries, as may con­duce unto the safety or Felicity of the Civil Union, which ei­ther the Avarice or Envy of others had concealed, or their own Industry or Experience hath disclosed. Of this Nature was Hy­pocrates overture to the Publick, Who that they might escape the Ruine of a raging Pestilence surrounded all the Confines of their Territories, advis'd them timely set on Fire the interjacent Forests; whereby the Air being purified, his Country was preserved from the danger of an encroaching Contagion. In promoting such Advantages to the Publick Benefit, Custom hath so cor­rupted the use of Industry, That it will become necessary to lend This and the succeeding Distinction, a more material Com­pensation, [Page 111] besides the Grace inherent to a plausible Reception, then probably may agree with the exact Definition of the Na­ture of our Subject. All Arts and Sciences receiving now no other vigour, then what from abject Lucre is inspir'd.

4. In persuit of our Order, ensueth the Mecanick Ministry to the Advancement or Preservation of the Publick Interest; which notwithstanding It may seem inferiour to the Rest, as a more proper Subject to less elevated Capacities; yet in Respect It is immediately necessary to most uses visibly inherent to the due support of the Civil Frame. We equally may hereto lend a considerable Reflection, not weighing the excellence of her Na­ture, either in the Curiosity, Rarity, or Delight of Her ope­ration, but soly in the material Consequence and use thereof; essentially conducing to the Civil Welfare. Of this Quality in the Military practice was Archimedes Engines for the Defence of Syracusa, against the Fury of the Romans. Or what other, in Civil uses, may be produced against the sterility of the Soil, Natural, or Adventitious, or what otherwise tend to the Im­provement of a National Commerce. But such hath in our Age, been the unhappy Dispensations of Publick Grace, That those Arts have received the most essential Indulgence and En­couragement, That most licentiously have conduced to Vanity and Lux, contrary to the Resentment of that generous Prince, Who prudently weighing tht use of every singular Faculty, to him that with infallible Dexterity, could cast a Grain of Millet through the Eye of a Needle, ordered for Reward a peck of seed, he might not want Materials to keep his Skill by frequent Exercise. On this Design of Publick Benefit, are grounded the Pretence of most Monopolies; it seeming to a Prince most equitable, that every man should soly [...]eap the Benefit of his own Industry, or Inven­tion for a time prescribed, that the Fruition thereof may in future be returned to the publick use. But such Motions might possibly meet a more plausible entertainment and a happier Issue. If the pretender were enjoyned to attend the Test of their own Proposition, in an approved Consequence, and totally rest dis­joyned from all peculiar Benefit therein, depending only on the favour of the Magistracy, to make an equal Compensation, agreeing to the Advantage of the Issue.

Fo [...] closure to our Publick Objects of Beneficence, succeed­eth the Distinction of▪ Munificent; which in honour to the At­tribute, we may seem in order here to lend but an improper po­sition, in Respect, that all the former Objects may possibly be masked with other private or peculiar Interests; whereof This altogether rests only unsuspected, imparting voluntarily of their Own, without a Reference to any Retribution, or peculiar Be­nefit whatever. Yet nevertheless, since commonly such Distri­butions [Page 112] proceed rather from the Excrescence of a private Store, then simply the Benignity of a Generous Inclination, wherein is nothing really of our selves, or hazzarded, or communicated, and what is so dispenced usually, but the Fragments of what our Frailty will no longer suffer us to enjoy: so that the essential Circumstances of the Motive clearly considered, we rather, in favour of the publick Interest, have lent such a Distinction here, a more noble Association, then properly is inherent to the Na­ture Thereof. Nor can we thereto yield so eminent a Qualifica­tion in Honor, as might induce Another to an equal Emulation of Munificence (where the Donor scarce survives the Induction of his Act) more then what the dull Letter of a Monument barely will infer: But to dignifie that Benignity, which shall, with a well composed Minde, cast from his Sense the Charm­ing Minister to Vanity and Lux; while yet in the Capacity of Fruition, to constitute the reviving Affluence thereof upon the languishing Misery of the Indigent, we no way can afford too illustrious an Inscription to His Merit.

2. Before we enter to treat of the Second General Object, A private Beneficence extending beyond the common prescription of a Civil Devoyr. Two Arguments, thereon depending, will re­quire a more distinct solution. First, whether the Publick may immediately be concern'd therein (remotely It alwayes of Ne­cessity must.) And whether without such Reference the Pub­lick may be concern'd to agitate thereon: The First Proposition may, without Difficulty, admit of an Affirmative. The Lat­ter not without some Intricacy. Insomuch as private Be­nificence may sometime be conferred on a private Person, im­ployed in a publick Use, Military, or Civil. And in that same Degree oft honoured by the Romans, who had design'd a Crown of Triumph unto him, that had in publick Conflict sav'd the life but of the meanest of their Fellow Citizens; whereby the Band of Unity became amongst them far more strictly, vigorously, and intirely secur'd to give a happy repulse to the fury of their Enemies. But whether the Publick be so far interessed, as to censure of the unequal Resentment of a Pri­vate Beneficence betwixt Party and Party, is a Subject yet un­determined. If example may bear authentick weight to an Assertion, we may produce sufficient evidence from the Re­cords of many Civil Jurisdictions, wherein It by Prescription of the Law hath been allowed actionable, as a Private Plea. But in more severe Governments, prosecuted by the Publick as a Capital Delinquence: As may be instanced from the Athe­nian Judicature, Where Callias was publickly arraign'd for his Ingratitude to Aristides, suffering Him and his Children even to perish through Indigence; by whose peculiar favour he had attain'd [Page 113] an eminent Acquisition. In Objection to the procedure of the First Pattern may justly be alledged, that it is against the very Nature of a perfect Benefit, ev'n but to expect, much more to exact a Restitution. And he that formeth but a Repetition of the Circumstance of his Munificence, blemisheth the Grace of his Benignity. But he that reduceth It to the Reproach of the Receiver, perverteth the Nature of his own Intention. In Reference to the Latter Rule, though This may be alledg'd no proper Subject for the Institution of the Law: forasmuch as neither Publick nor Private prejudice ensueth the Mecognisance. This not endammaged in regard the freeness of the Act ta­keth away the very shadow of a Pretence. That not impaired in Respect the Consequence Thereof not immediately reacheth the Publick Interest: collaterally it may, in that the Impu­dence of the vice, not checked, may probably make so great a Breach in the moral Constitution of our Civil Union, as to introduce a common Barbarisme.

As to the farther Discussion of our suspended Subject, A Private Beneficence; the Nature thereof (under the same ex­tent of Latitude in Devoyr [...], as formerly exprest) may seem inferior to our former General Object in Excellence considered in Gross; in that, Bonum quo communius eo melius; but taken in the mutual Coherency of Parts, of a far greater Efficacy to the Structure of a happy Union. To a Publick Advantage of this Nature rarely is encountered Matter but to work upon, and possibly more rarely meeteth a Capacity to entertain It. To communicate a Private Beneficence every Place, Time, and Person affordeth us both Subject and Ability in one kinde or other; so that rightly distinguished, the most advised Legisla­tors have considerately endeavoured on This Baiz to erect the Felicity of their Societies. But how the Publick should distin­guish of such singular Aids totally to be divided from all pecu­liar References, or how cleerly discerning their Nature, duly to cherish and approve them in an honourable Reception, is a Con­sequence not unworthy the Reflection. For solution to the first Branch of our Proposition, we may infer, that he justly de­serves to fall unpittied, by a Common Decree, under the bur­den of a future Misery, who shall so far become restrained by the shame of his own Indigence or Impotence, as to smother in his silence either to God or Man, the immediate means to his security. In Reference to the Latter Position may be asserted, that to such Manifestation of the Act, may justly follow an ex­emplary Encouragement from the Moral Censor, with due Ap­plause to dignifie the Action.

It may here probably be objected, that having propounded our Subject in General, we have as yet omitted, clearly to [Page 114] handle all the Dimensions thereof; insomuch as we have yet only consider'd Vertue in her Communicative Faculties; where­as Vertue frequently wanting such materials, may rest confin'd, and only but concentrate in It self. In answer, Although It may seem ev'n against the Nature of Vertue to be indu'd with an incommunicable Essence, since both in Example and Pre­cept, she needeth not to borrow the Endowments of Fortune to illustrate her Expansion: but admit the Influence of her Graces so powerful and absolute from her own proper Nature: Nevertheless (to the common reproach of our Age be it attest­ed) Vertue wants more material Ornaments to plead for her Re­ception. Who adhereth to the Counsel of the Wisest, if Po­verty o're shadow the Consultation, and be his minde never so impenetrably compos'd against the various and continual Bat­teries of an impetuous Adversity, if obscured in Indigence, Who regardeth or distinguisheth his Fortitude. So both his Iu­stice and his Temperance seem smothered in his Impotence. But happier Ages lend us more exemplary Presidents from their Fe­licity, where we may observe, that in the most flourishing So­cieties, Vertue so humbly seated, did never want her Dignity, as appeareth in the Antick Grecian Glory, extracted from the Justice of Aristides. The Prudence and Moderation of Phocion. The Fortitude and Magnanimity of Epimenondes. Nor shall we need here farther to trace a Prescription to qualifie such emi­nence with Honour, since we already have in the Inception of our Treatise thereon rais'd the true Capacity to our Ministry.

XXXVI. The Extralegal Punishment of Vice.

HAving lent a competent weight to one extream of the Beam whereon our Civil Union chiefly doth depend, in dignifying Vertue beyond the due Intention of the Law, we may persist to cast an equilibrate Counterpoise in the opposed Ballance: In the Prosecution of Vice beyond the full Prescripti­on of the Law, that from thence an harmonious uniformity may issue from the Texture of the whole Frame. Vice is the Ge­neral and Principle Subject all Civil Societies, by rigour of their Laws endeavour to suppress, as the only promotor to Sedition. But few with so exact a Circumspection, as the Consequence of the Subject may require to the due modelising of a perfect So­ciety, in that, Vice thereby becomes impeachable under the Prescription of anothers Prejudice, not simply under Notion of Its proper Nature. As though the germinating seeds of Vice, or the Effects thereof could be contained long within the Limits of a peculiar Continent, or the whole Body long pre­served [Page 115] sound, where the Members Thereof are already in themselves corrupted: To avoid which Danger, it were mate­rially useful, to take away the very Appearance Thereof ev'n in the first Eruption. And lest the Indulgence or Neglect of Pa­rents should farther yet the growth thereof in their licentious Issue, e're they become of due Capacity to a Civil Correction, 'twere necessary such Remisness in them were either check't by Fine, or Publick Infamy.

To attain yet a more clear Discovery of the Nature of our Subject, in Reference to our Common Welfare, we will reduce It with Relation only to these Principles, Divine, Civil, and Moral.

Under the Intimation of Divine, we chiefly may comprise Enormities are perpetrated against God, or his Sacred Instituti­ons; which being the Supream Authority, from whence all humane power pretends to be deriv'd, should more severely be preserv'd from violation, ev'n to the due Conformity of the subordinate Ministry. And although we may in this Insertion, seem to digress from the Intention of our present Treatise, as an improper Object to our Civil Minister, extending far beyond the Latitude of his Faculty: yet, insomuch as the Remonstran­ces, Menaces, or Exhortations of the Divine Minister, are unto Carnal and to [...]ensual Spirits but an ineffectual Procedure to the due Restraint of our common Corruption, where the Civil Minister becomes not coadjutant to rectifie the Disorder, we may conclude the inconsiderate Neglect Hereof must inevitably form the Civil Power less successful in her Ministry, declining totally to agitate on the Infringement of Superior Orders. The Fundamental Establishment of their own. The first and highest Degree in such Delinquence, is the denying of his Essence, who of free Grace and Goodness imparted to us ours, which Dis­claimour most justly may deserve the Forfeiture of his Tenor.

Subordinate to This, is the Derogating from his Sacred Attributes, which being properly and immediately inherent to his Holy Essence, more opprobiously and maliciously endeavoureth in Contempt to deny that supream Power, he is enforced to ac­knowledge: Nor can such a presumptuous Repugnance against the inward Light be reputed in humane sense less hainous then the former.

Contingent to These is the Prophanation of his Name and Sa­cred Ordinance, either in Licentious Discourses or Actions, tend­ing irreverently to the Misprision of his adorable Essence, or his Holy Rites: which extravagant insolence may justly merit to be suspended from the Priviledge of a Common Union.

Collateral hereto is the solemn Invocation of his Sacred Name to the Attestation of a matter false, or falsified; which without [Page 116] Reference to anothers Interest, as the Signet only of our own serious Resolutions, is a Crime of a most reproachful Levity, which requireth before God and Man, a penitent and high sub­mission. But wherein others Interests immediately are concern'd a Crime of highest Treachery: In Respect such Assertions give Rules unto the Law It self, which is our common safeguard. But this Branch of our Subject falling under the Prescription of a Civil Penalty. We shall not farther here insist to treat upon, Reserving the Persuit Thereof to a more proper and peculiar order.

Farthermore we may yet hereto not improperly insert the Common and too frequent usage of His Name in vain; which heedless Custom forming into Habit, insensibly detracteth from that awful Reverence, should be revived in us on every ex­plicit Intimation of his glorious Distinction. Nor can a more effectual Restraint be formed to suppress such unadvised Impre­cations, then a private Reproof or a publick Reproach from His peculiar Minister.

2. What may ensue from the Licentiousness of Vice to the Infringement of the Civil Order, we here may properly omit to treat upon: insomuch, as the general Inference Thereof hath herein only Reference to the Impeachment of anothers Interest directly and immediately. A common Principle to the Decision of right, which may more clearly be enlightned in the peculiar Order, we design to the Discussion of each Branch thereof, on­ly we may here generaly Note, that ev'n therein most Laws too strictly oft adhere more to the litteral formalities of a Plea, then the essential Result of a Proof.

As to the Moral Distinction of Vice which fall not under La­titude of a Civil Penalty, being the peculiar Object of our pre­sent discussion, we will yet more intentively endeavour to re­flect upon.

Unity and Concord being the chief Objects should guide us to the lasting Establishment of a happy Society, it will be mate­rially pertinent in the search thereof, to visit the primitive and secret underminings of a mutual Agreement, which may un­doubtedly be discovered in the first subtle Practice of Mans common Adversary, under the Figure of a concealed Malice; whence This privy Ranchor should take Original, may pro­bably be judged from a repining Envy, contracted by the sense of a Disparity in their present Conditions. This seed of com­mon Sedition from thence scattered into the Heart of man, to finish in our overthrow, what This Imposture had so effectually commenced, by a perpetual commotion in our Civil Commu­nities, hath enforced the exactest Constitutors of a Civil Society (not being able to extirpate the Roots hereof) utterly to remove [Page 117] those Causes from amongst them, which might conduce unto the Birth or nourishment thereof, as Licurgus in taking away the use of money. And the primitive * Romans in the equal Partition M. Curius. of their Territories. But the Corruption of succeeding Ages falling from so happy Principles of Union, require more Cir­cumspection in the mannagers of Rule, to the expulsion of such venome from the Civil Frame: which better to distinguish, we properly may lend to It this Signature. Malice is a secret and violent Transportation of the will unjustly to procure Evil to An­other, nay often to our proper Detriment, proceeding from the af­fected Advantage of Anothers Endowment.

Sundry branches, some more or less immediately issuing from This stock, become more or less prejudicial to the Common Unity, as the Degrees of vi [...]ulence lend Influence to the first Contracti­on, which may clearly be distinguished in the common Conse­quences of Slanders, Calumnies, and Detractions. Others more remotely, as Incivilities, Affronts, Disgraces in general, Scoffing, and Deriding: All which particulars we severally will examine, more truly to discover the full weight of each irregular Motion, may form a Discord in our Civil Harmony.

At first Inspection it may appear an Impropriety in our order, here to insert the Treatise of a Slaunder, being a Subject pro­pounded by the Law within the Limits of a Civil Penalty, but with so strict a Reference to the Letter, that few Degrees of Ob­loquy will, under the common Rules thereof, fall within the exact Distinction of a Scandal: as if the nice Formalities of the Law intended but to sport with private and refined Infamy. To supply this Default in a Civil Prescription, we will endeavour yet more amply to define the Nature of Slaunders, Calumnies, and Detractions, with their ensuing Damages to a Civil Union, lest that their proper and implicit Sences should become con­founded under the Notion of one common Distinction. A Slaunder here intended, is a false suggestion against another le­gally extending to a Criminel Matter.

Calumny, A false Aspersion, extending only to the Civil preju­dice of another.

Detraction, simply inferr'd, is a false Supposition obliquely insi nuated to blemish others Honour or Applause.

1. How material Breaches in a Civil Union, may ensue the sufferance or the slight Restraint of Slaunder (though taken in the obscurest and remotest Latitude of Sence) may evidently be conceived, when we shall seriously reflect on the inefficeable Impressions are secretly left behinde the Publick Discussion Thereof, in the unresolv'd Conjecture of the Auditors: So that though the mischief of the suggestor be clearly convicted, the innocence of the Plantiffe remains not fully vindicated, where­by [Page 118] unequal Resentments become fomented, to prosecute such illegal Reparations, as probably may extend to the extinction of many Families, if not unto a general Commotion in the Civil Frame. Nor can the extent of a Legal Verdict, directed only to a pecuniary Amercement, become an equal compensa­tion to the Injury. Where the malicious Impeacher of anothers Fame remains unbranded with such Publick Infamy, may render him more obvious to a Civil Incapacity.

2. Calumny, though formed from the same Original, makes slighter Incursions on our Civil Fame; yet may the least De­gree Thereof not pass the Burden of a Civil Censure, since our common Reputation is the visible Foundation to our Livlihood, or Civil Faculty: So that the secret and frequent Expansion thereof meeting with the Corruption of our humane Nature (prone to exagerate the very shadow of anothers Infirmity) may possibly reach the extinction of the Natural Existence.

3. Detraction takes a lower flight, by remote Tracts to winde the Matter to as high a pitch, lessening It self till It be­come not obvious to the sence; which with more Art disguis'd, requires more Art in the Discovery. Her Traces hold no uni­formity, but often shift the shadows of the Scene to trouble or confound the Appearance of the Matter, with an Ambigu­ous or opponant Light. So that the Interessed not only hereby hazzardeth his present Advantages, but becomes unequally im­peacht of Evils not in question. While the envious Imposture casts the Contagion of his Venome, without the Danger of Contraction. From hence (though more remote in Nature, more sudden in the Operation; and consequently more consi­derable in the Circumspection) proceed Acts of Incivility, as Affronts, or Disgraces in general, Scoffings, and Deridings. The malignities of the Former moving more slowly, afford a time to lend the Civil Minister a Capacity to allay or stop the vigour of the Infirmity e're it attain the height. These, like Tinder, catching fire at the first Eruption, seldome become ex­tinguisht, but with untimely Slaughter. In which Regard, It may become a wonder to a digested fence, to finde most Laws so unprovided or so slack in the Restraint hereof, as not, in the least manner, to reflect on their Nature, or their Consequence, since both directly tend to the Infringement of the Publick Peace. By which Neglect the injured is prompted to pursue un­equal Reparation to his wrongs. Affronts more insolently and deliberately determine a Division in the Civil Frame. Scoffing more slily and obliquely. The Arrogance of That seems to as­sume a priviledge to impose a Rule. The subtlety of This, but to insinuate a form in common usage.

Not inferiour to these are Acts of Inhumanity, whether in [Page 119] the omission, or in the rigorous and untimely execution of Ci­vil Rights; which most men (judging soly confined to the In­junction or permission of the Law) make those the Stations of their Civil Duty, which are but fixed Lights, erected only on the extreams to avoid those shelves procure a common ship­wrack. To the first Point we must come, to the Latter we may come, under this Caution, Summum Ius, summa injuria. Extream Right, is extream Wrong. Betwixt these, and the com­mon Continent of a Civil Devoyr, there are many Degrees of Latitude, not specified in the Letter, to leave the will more Freedom in the Election of the Good or Evil, which thereby only are intitled ours. Nor can he justly be admitted as a Mem­ber to the Civil Structure, whose Actions do endeavour to de­face the very Nature of that Being doth qualifie him with his Distinction. How far This Savage Attribute may be repugnant to our Civil Order, explicitly is implyed in Intimation of the sence Thereof, expressed in the Letter, inserring a satisfactory and inflexible persisting to the Destruction of our kinde. To what extent might be reduc'd the Nature of our Subject, not easily is distinguisht; since each remorsless sence of others suf­fering tending to Ruine, we impose or farther, may form thereto a perfect Definition. A proof whereof adjudg'd, may be ex­tracted from * that Roman's entertainment, Who, on Reception of his Page, that much perplext his Sickness had detain'd him till the Period of the War, in that he ne're had seen the Slaughter of a Man. To satisfie his Reproachful Curiosity, commanded straight a Criminel to the Block: for which he by the Censor was expell'd the Senate.

As Twins, falling under one Similitude in Nature, may here­to be annexed Acts unnatural, as the Inemnity and Neglect between Parents and their Children; Brother and Brother, and other nigh Relations in Affinity; where both Divine and Civil Institutions joyn to engraft the strictest Band of Unity, to lay a firmer Baiz unto the lasting Structure of a Civil Government, as may be instanc't in Conjunction of old Israels Tribes, who farther were by severe Laws enjoyn'd to support and supply the Members of their Families, even to the nighest union. Nor can in Reason it be figured, that any person Cordially should ad­here unto the Publick Interests in remote Agitations, who so reproachfully deserteth the Contingence of his own in a nigher Intercourse.

Not far remov'd from This in Consequence are Actions of Ingratitude, when as the due Resentment of a free and timely Comfort to an afflicted Condition utterly is extinguished, an Impropriety so incongruous to a Civil Community, That com­mon sense in every Beast may lend It infamy. The Oxe and [Page 120] the Ass know and acknowledge the hand to them administers▪ And the most Savage will become reclaim'd, where they ac­cept to Nature a Refection; whence man, of all distinguishing Creatures, should receive so unequal an Impression, must ei­ther be the Arrogance of his haughty Spirit, detesting to ap­pear inferiour by a Civil Fealty: or else the Av [...]ice of his sor­did Nature, retracting the Acknowledgement, lest It in Civil Rules might challenge a due Compensation: Both which Sour­ces are to a Civil Union equally incommunicable. How far the Issue yet may probably obstruct the Circular Motion of our Civil Body, in a reproachful Mecognisance, may, to the gros­sest sence be clearly evident; considering no Consequence can sooner form Reluctance in the will, to do another good, then whereour full Endeavours meet so bruitish a Reception.

Having thus traced out some irregular Motions in our Civil Frame, under a more Especial Reference unto others; we will endeavour now to treat of some Disorders, under a more im­mediate Reference to our Selves, not pretending to attain the full extent of either. But to cast such a shadow thereof on our present Work, as may comparatively form the unexpressed more distinguishable, and hold a fairer Simitry with the Capacity of our Treatise.

The Subjects we would hereupon infer, are Actions of Li­centiousness, as Drunkenness, Luxury, Gaming, Riot.

Drunkenness may possibly appear a Subject here improperly inserted in our Order, in that most Laws may seem to form thereto a due Punition. Yet in Reference to the Nature of the Crime, not totally equivolent, weighing judiciously the common Damage thereon may ensue unto the Civil Texture, in regard it is a reproachful exhauster of the Publick Store. A certain Ruine to a private Family. An apparent Introduction to every Mischief▪ A temporary Dissection of a Member from the Civil Frame. Under what Degree of Disorder this Distem­per truly may be distinguished, is not altogether unworthy a due Perpensation, since the vulgar, in favour of their sensuality, have lent It so gross and ridiculous a Character, as is not to be encountered but in the highest extremity. But far more ration­ally may be affirmed, That every extravagant Emotion of the Spirit, and every impotent and irregular Motion of the Body, by drink procur'd, may figure the Distinction.

Under the Intimation of Luxury may be imply'd all sensual Excesses whatsoever, more especially the inordinate Indulgence to the inticing Relishes of the Pallate, and the lascivious and unlawful Prosecution of a Bruitish Lust, How far the common Consequences Hereof may reach the Detriment of the Civil Structure, we will endeavour clearly to enlighten. Our Subject [Page 121] taken in the former Sence, is not only a superfluous Consumer of the Publick Affluence to the enhancing of Provisions, most useful to a common Existence; but, with the inevitable Incum­brance to our own private Fortunes, also a visible extinguisher of That, which It pretendeth but to cherish, smothering or enfeebling the innate Heat, the immediate Instrument to every Faculty of Nature. So that not only the Body, but the minde becomes hereby obscur'd, effeminate and slothful, and conse­quently unuseful to every Civil Practice. Farthermore, the Charms of this Indulgence to our proper Genius, so endeareth the Affections to a bruitish Sensuality, that it totally alienates the Thought from any sense of others suffering, so far, that It becomes unto the Civil Frame a Burden incommunicable. This Subject taken in the Latter Sence, though from the other seldom found divided, the Latter being usually joynt Issue to the former, meeting a Celibate Condition, begetteth either a Protraction, or a perpetual Renunciation of an Hymeneal Union, both punishable by the Law in Civil Communities of severer Discipline, encountring a Conjugal Estate, It breaks that Band of Amity, which is the first strictest and most natural Founda­tion to a Civil Union, in either (if any) It produceth but a spurious and degenerate Issue.

That sence which the Former Attribute could not reach to in the common usage of our Tongue, more properly may under the notion of Riot be exprest, having for Object a servile Assub­jection to the Adulation of the senses (not formerly thereby inferr'd) at how profuse a rate soever: so that, in Respect of the vanity, This Piece of Licentiousness hath a Latitude beyond the Capacity of a Prescription; whether in the Curious, Sumptu­ous, or Superfluous Ornaments inherent to a Person, Place, or Equipage; or in the alluring Rarities or Excesses of an enter­tainment, tending rather to exhaust the Affluence of Nature, then satisfie with her Plenty. Where Noise and Vapour to af­fect the aiery senses more, o're ballance in expence the Rest. Or what other fantastick Ministry to a distemper'd Fancy, tends but to form prodigious vanity, or a ridiculous singularity, which sometime meets so high extravagance, that sundry Figures, Drawn, Cut, or Grav'd in the Mettal, Earth, or Stone, (under the Honour only of Antiquity) become the price of a consider­able Revenue. What measure of Disorder may hereby be pro­cured to the Civil Frame, will clearly be distinguisht in those Breaches, which the most flourishing Societies have suffered un­der so impetuous a distemper, which like a raging Fire consu­meth All to satisfie It self, leaving no Rights unviolated. No Mischief unpractised, to yield new Fuel to the corrupted sense, when the Materials fail to satiate the unbridled will. This Exu­berance [Page 122] of the Wanton Blood most usually is engendred in the Greater Vessels of the Civil Body, from whence It by the lesser is attracted, by affected Emulation, till It become a gene­ral infirmity, whereby the whole Frame, voluptuously effemi­nated, becomes incapable of any generous Action, so conse­quently a prey to the slightest Incursions of an Enemy.

Gaming, not taken in the sence of a Divertisement, but in the Nature of an ardent Persuit to a dishonourable Acquisition, where the Adventurer, to improve the Advantage of his Stock, puts it to the Question, whether his just Possessions be his own. A ridiculous and bewitching Itch of Avarice, where each one, in sport, persues Anothers Ruine in earnest. In the Victor the Facility of the Acquisition begets a Profuseness in expence. In the vanquisht a self-consuming Ranckour to repair the Dam­mage: so that neither attain the end of the undertaking, since both become frustrate in the Improvement of their Condi­tion. The former swelleth with vanity of success, although not raised on his own sufficiency. The latter shrinks away de­jected as guilty of his Folly, more than ashamed of his For­tune. Nor yet alwayes so silently passeth the Debate, Execrati­ons and Imprecations usually fill up the Scenes, which frequent­ly are closed in a Tragick Issue, the interlude too probably the Prelude to a Quarrel.

How materially the unrestrained Liberty hereof may conduce to the Dammage of a Civil Society, we need not to infer, when we shall reflect upon the Consequence of the Practice, tending to a certain and sudden extirpation of a Family, where the falling Pillar not only shattereth his own Branches, but ei­ther becomes an useless Burden to the whole Frame in a passive Indigence, or a common Incendiary in sinister Practises, to sup­ply a Recruit by desperate Attempts. We have omitted to pro­pound to every exorbitance an equal Penalty, according to our former Order. In Respect that divers Circumstances, both in Action, Place, Person, Age, Sex, &c. may not only vary the Measure of the Error, but the Nature also of the Penalty, which can only meet a plausible Infliction in the Judicious Imposition of the Moral Censor.

XXXVII. The General Properties inherent to our Civil Existence, with their ligitimate Fruition and Possession.

BEfore we proceed to treat of the Security and Improvement of our Civil Property, in Order immediately ensuing: It will first be requisite, that we should fully and clearly distin­guish [Page 123] the Dependences thereof, with their Legitimate Posses­sion and Fruition, without which, our Enterprise will, in the most perfect Contexture encounter but an improper Issue, since Rebels, Out-laws, Thieves and Rovers may in their common Association, possibly pursue an equal Method to preserve the Spoil, Rapine, and Murder had congested; yet not attain the Dignity or Glory of a Civil Society. In order to our Proposi­tion. The General Properties have Reference to our Civil Existence, may properly be specified under these Distinctions, Wife, Children, Servants, Office, House, Lands, Chattels, or Moveables; To which we become legally entitled, either by a just Acquisition: a free Donation, or a lineal Succession. How far, and in what the Nature of each Title may hold a due Confor­mity with each Property, we severally shall endeavour to dis­cover.

Though the explicit sence of Acquisition may seem impro­perly applyed to so solemn an Institution, as a Conjugal Rela­tion, in that the sympathetick Influence of Nature often se­cretly determines the Contract, before the Overture is pub­lished, constituting the subsequent Agreement rather a Dona­tive, then a sollicitous Capitulation: nevertheless in Respect, the implicit Inference thereof may reach beyond the vulgar usage of our Tongue, we will apply It to the vulgar usage of the Ceremony, being in their Practise frequently, but a Mercinary Compact: under which Latitude of Sence, may be comprised divers species of Conjugal Acquisition; as that of Violence, which probably may be judged the most improper and unlaw­ful kinde imaginable. Insomuch, as the Proceedure is altoge­ther repugnant to the first, Natural, and most legitimate Mo­tive of union▪ Love, yet weighed with a Reference to some Consequents, an enterprise unimpeachable, as the primitive Romans Incursions on the Sabines. And the abandon'd Rem­nant of the Benjamites on the relenting Tribes; where the in­veterate emnity of an Adversary maliciously would endeavour to extirpate a People, by intercepting so the course of Nature in a lawful Propagation.

In all other Respects every personal Violence herein may pro­perly be held a Capital Delinquence.

Whether a Collateral Violence herein, where the assenting Childe is forced from the dissenting Parent, be a Crime so highly punishable, as the rigour of the Civil Law exacteth, im­puting It equivalent to a Rape, is an Argument not unworthy an exact Discussion, since our most Legitimate inherence of Right is constituted in our own Natural Production. And the most proper and plausible Motive to be successive continuance of that Production, the impulsive Influence of a vertuous Love. [Page 124] The Civil Ballances thus counterpoised, we will endeavour to remove the Impediments may probably obstruct their Motion; whether in Reference to Sex, Age, or Condition; As to the Di­stinction of Sex, no Law admitteth the Male to a capacity of a Conjugal Violence, either Personal, or Collateral. Many subscribe to the disanulling of the Contract transacted without the Pa­ternal Agreement: so that we may conclude the Female here only capable of a Personal, or a Collateral Violence. Neither can her Consent before Maturity for Generation free the At­tempter from the Guilt of a Personal Violence. In Respect, the natural Motives to such Vnion are yet to them held indistin­guishable. From the Impeachment of a Collateral Violence, no Age, under the Paternal Tuition, can exempt the undertaker; her widowhood falls not under such Prescription; insomuch, as the Parent hath formerly made a surrender of his Title in a free Donation▪ and her Husband deceasing, leaves her as Head to the successive Government of his Family.

In Reference to the Quality or Condition, why the Law should form the Distinction of a Violence, from her Civil Endowments, is not clearly obvious to a rational Inspection; since every Violence hath only for Object, the Impulsion of the will, either Personally or Collaterally, in Reference to the In­fringement of anothers Inrerest, which is either Paternal or Guardiant. The former our Laws reflect not on, possibly, in Respect, it yet resteth in the Capacity of the Parent to fru­strate the Fruition of her Pretences. The latter being but a Relation of Trust, can less in Reason, challenge the Priviledge to such a Procedure, not rightly entitled to a Property, unless we should avow the venal Acquisition of the Tutelage, now abolished, to the approved Ruine of a Family, which might yet nevertheless more equitably have been repaired in the Censure of a slighter Trespass, had not the Dignity of the Prince here­in been immediately or remotely blemished; which being only successive to the Paternal or Natural Authority, why should the Parent be excluded such a Priviledge, where the succession is unalterable, depending on another Line: Which Proposition leads us again into the currant of our suspended Argument, whether the Parents Dissent only in a Conjugal Contract, may equitably fall under the Censure of a Rape? The Supream, Sacred, most General, and Authentick Rules to illuminate our wayes in the intercourse of humane Society afford us no appro­ved Proof of Conjugal Union, but what hath been derived from the Agreement of the natural Parent, whose Reception of the Addresses properly did form the Introduction to the Con­tract: insomuch, as the first most visible and legitimate Inhe­rence of Right, is that which is extracted from the course of [Page 125] Nature, This Procedure seems also most authentickly confir­m'd in the Formality of the Ceremony, where the Transaction passeth from the Parents hand, or one that Personates his pre­sence. In competition to the Filial Liberty herein (which pro­bably might lessen the Nature of the Trespass) may be alledg'd the Irresistable Influence of the Celestial Orbes ordain'd to such Impressions on Inferior Bodies, as may impulsively attract them to an Union, without the Consultation of the will, which not submitting to the exactest Result of the Interior Light, in op­position of their Motion, may equitably be dispenc't from the subordinance to anothers will, when as not under the subjecti­on of our own. Nor can the Advantages of Fortune, which usually herein o're-sway the Parents Inclination, be a plausible Inducement to so material a Consequence, where the Perfecti­on of the Institution dependeth immediately on the mutual Agreement of the Interior Faculties; which in their Conjun­ction can produce but a degenerate Composure in Another, when formed from so Gross and Corrupt an Object. In favour of the Trespassor, where her Civil endowments are but volun­tary or casual, may be alledged the Sincerity of the Motive to an honourable Persuit, limiting his Pretences in the Fruition only of her Person, without the Inherences to her Fortune, having in the Disorder of his Proceeding frustrated his Capacity to acquire it. From the Result of our Discussion, may possibly be formed a Conclusion sufficient to suspend the Impeached from a Capital Offence: but nothing yet from thence inferr'd, might counterpoise the Parents Injury in the Miscarriage of a Childe, did the Loss extend no farther then the Ravishing of his Comfort might have redounded from the endearments of an agreeable Community, if but establisht by his Counsel or Election. In Reference therefore to the Trespassors may be af­firm'd, that to the Disobedience of the Childe is justly bal­lanced the forfeiture of her Patrimonial Inherency. To the In­solence of the Violator, such Reparation in Honour, as the Dignity of the Family may require. In the sequel of our pur­pose remaineth yet a Difficulty not enlightned, whether It rest in the Civil Capacity of the Parent to disanul the Contract past by Nuptial Ceremony? For solution to the Question, may be reply'd, Few Laws herein dissent from the Affirmative. But how such Procedure may be consistent with the Honour or Ad­vantage of the Childe, or yet the Parents future Satisfaction (All conjugal Rights transacted) is indistinguishable.

Another kinde of Conjugal Acquisition, more properly so tearmed, is the Venal Acquisition; where the Acquisitor pur­chaseth his Pretences from the Parent, for a certain summe of Mony, or other Consideration, which passeth sometime under [Page 126] the formality of a Present. A Method of Acquisition very im­proper and unsuitable to the Practice of our Age, where the highest perfection of personal Endowments, cannot win so much as the shadow of Attraction on our sordid Inclinations: yet wants it not the Authority of the exactest Models of a Civil So­ciety, to form the Institution Regular. Probably in Respect, that such Proceeding is the highest Pledge to an inviolable Ami­ty, the surest and most plausible Foundation to the happy Con­dition and end of so necessary an Institution. But whether such Forms of Contract may meet no Inconvenient in the Conse­quence, is not so clearly obvious: Insomuch as the Nature of the Introduction may possibly figure a more hig [...] and unequal Inherence to the Property, the [...] probably may be consistant with so perfect an Amity; seeming in the intention, rather to imply a Distance of Servilty, then a Coadjutance in the Ministry: We may therefore herein conclude, that a mutual Retribution of the Civil Faculties is as proper an Order to a happy Instituti­on in this Civil Union, as the reciprocal communication of the Natural Faculties is to the successful Constitution of the Natural Union: yet in either Transaction will such a method be preposterous, if the Motive thereto do proceed rather from the means, then from the end or Object of the Institution: to the perfect forming whereof, the former should be but a con­cealed subsequent to the latter, not a primary and visible In­ducement. Such Procedure, among the Spartans, adjudged so irregular to a happy Union, that It fell, by publick Ordinance, under the Censure of a Civil Penalty.

The succeeding Title to a Conjugal Adherence is that of Do­nation, the most usual, proper, and legitimate Method in con­stituting so material an Union, where the uncorrupted will moves freely to a deliberate Result in the Election, that a happy and agreeable Community may thence issue to every Branch inhe­rent to the Alliance. To what Latitude the Agreement of Par­ties may justly be extended, is a Subject not altogether incon­siderable. The Parent and the Espous'd may probably here li­mit the Proposition, though Custom, in Civil usage, requires it ev'n from the Remotest of the Family, yet rather under a Form of Ceremony, then a Pretence of Right. But why the Maternal Assent (she being the sole Regent to her Family) should here not be admitted to an equal Priviledge, in the suc­cessive Authority to her deceased Husband, as to appear a Principle in the Ceremony, is a Civil Impropriety, scarce sha­dowed with a Rational Pretence, unless the practice be volun­tarily waved, in favour to the decent Restraint of a womanly Passion, which might possibly extend to a disorderly Erruption, personally to separate from her self by her own publick Act, [Page 127] Whom tender Nature had so nighly united.

From the example of that exact Pattern of Morality, Cato Uti­censis may here be possibly inferr'd a Proposition, which seldom could elsewhere finde out a President, but in licentious Practises, whether this Conjugal inherence may be (with due conformity to Civil Rules) transacted by the Principle to anothers Possession, as a Common Property. The solution may properly without con­tradiction, pass in the Negative. Insomuch as there was a mu tual Reception in the Contract, and the Husband not in right impowr'd to alienate himself from her Possession; to whom he was conferr'd by his own proper Act, Nor can a joynt Conces­sion from both Principles form equitably a Retraction of so strict a vow in so solemn an Institution. In Reference to Cato's procedure herein may be alledg'd, that such elevated and refi­ned Spirits, have in the source and course of their Communi­ties more noble Objects, then the vulgar can reflect upon, as the plausible Reception of his Wife again on her first Widow­hood may express. Such Traces therefore can visibly form no proper Rules to common Actions.

The latter Method of a Conjugal Investure is that of a Suc­cession, an Order not any where found in use, but in the Iudaick Society: And there also under a Conditional Position, If the Brother dyed without Issue. The intention of the Prescription had possibly both explicitly and implicitly a plausible Persuit. Explicitly, the support of the Brothers Name and Family. Im­plicitly, that such a nighness of Relation might more peculiarly in them engraft a stricter Union.

To the Right of Possession must necessarily proceed the Right of Institution, either Civil, or Divine, as the Legislative Power shall adjudge most proper to the Nature of the Transaction; which concluding in the latter, may possibly lend more weight unto the Ordinance: But both tending to a due and orderly establishment, require authentick Publication, to avoid promiscuous, scandalous, and litigious mixtures. Whence consequently ensues this Proposition, Whe­ther private and concealed Contracts, under what form soever passed, tending to a Conjugal Union, may be admitted to the full Capacity of a legal Institution. For solution, may be af­firm'd, that such Agreement equally and effectually may engage the Transactors to a mutual Coherence. But not oblige the Ci­vil Society to an equal Reception of their Transactions under such Distinction, until by perfect and authentick Publication specified.

One Ambiguity inherent to our Subject, may probably here require a due Discussion, whether the Allowance of Poligamy might prove consonant or useful to our Civil Order. If the Fe­licity or security of a Civil Society consisted in a numerous [Page 128] multitude; the certain'st means to attain it in a lawful Propaga­tion might be allowed warrantable. But questionless, a due Proportion of the parts thereof is requisite to form a perfect Harmony in the Civil Frame. A noxious Repletion may as well happen to the Body Politick as Natural; both Quoad Vires. In respect of becoming a burden to the whole Frame, or Quoad Vassa. In regard of the excessive Extent of each peculiar Con­tinent beyond a due Capacity of Reception. Furthermore, Unity being the sole Object of a Civil Felicity, can no way ra­tionally be attained in so unequal a Diversity.

Having thus lent a legitimate Prescription to the Conjugal Union, e're we proceed to treat upon the subsequent Particu­lars, it will be yet material here to trace a Rule to their legiti­mate Separation, in Respect, it possibly may extend to so valid a Retraction, that each surviving party may legally be endowed with Capacity to transact their Persons, on another in a new Election.

To what Latitude of sence a legal Separation here may be ex­tended, is not yet clearly obvious, since vulgar usage thereby only would imply a temporary Division, either voluntary or Im­pulsive. The Total only falling under notion of Divorce.

In Reference therefore to such Distinction, we will proceed to agitate on their Nature. A Conjugal Separation is either Ex­tralegal, or Voluntary, or Legal and Impulsive.

Extralegal or Voluntary Separation is such a Division in a con­jugal Union, as may be constituted by mutual Assent or Agree­ment of the Parties, which may either be repealed or continued, without any Procedure or Formality of the Law.

A Legal Separation is such, as by due course of Law becomes imposed on complaint. and by due course of Law, may with consent of Parties be repealable; if irrepealable, the true Di­stinction Thereof more properly falls under Nature of Di­vorce.

The Extralegal or Voluntary Separation form'd from Divine or Moral Prescription, not reaching any Civil Ordinance, we will omit here farther to discuss upon, as altogether improper to our Subject.

The Legal or Impulsive Separation presents unto us a double Ambiguity, whether, and on what Ground, such Separation, may plausibly be constituted by a Civil Ordinance: And whe­ther any Act under such Separation passed joyntly or severally, wherein both Parties are concerned, may be accounted valid.

For solution, we may conclude, that such a Procedure pos­sibly may justly fall under the Concession of a Civil Judicature. But with this strict Limitation only, where a visible Attempt hath been practised against the Life of either party by the joynt [Page 129] Associate, in regard our common safety is the immediate Ob­ject of a Civil praescription. And although it here may be al­ledged, that the Civil Texture hath more forceable and ge­neral Rules form'd in it self to the due restraint of such Acci­dents. Yet where the Fewel to the Action so nighly and con­tinually is fomented, the Civil Judicature might justly be held guilty of the barbarous Issue, should It decline from the removal of such opportunity, might minister to the Mischief.

As to the Transactions joyntly may concern the Conjugal Union under a legal Separation, we either may reduce them to a Civil or a Natural Reference. The Civil have their Limits under private Contract or under publique Ordinance.

The Natural suspended by Decree, cannot without a pub­lique Repeal, either severaly or joyntly transacted, attain a true Legitimacy.

The nature of a Divorce, extendeth to a vaster Latitude, having for Object a total or perpetual Separation from a conju­gal Society, impulsively constituted by a Civil Ordinance,

But under what Remonstrance such a censure may justly pass the Civil Judicature, is not so fully specified. Acts of Adultery are only explicit'ly expressed in the sacred Letter, and so far pro­secuted by the Institution of the Civil Law, but under such Ob­scurity and Difficulty in the distinction, that the intention there­of totally thereby becomes frustrate. In Reference to the First obstacle, where the ground of the Procedure falls under a criminel Trespass. The Praescription vainly tendeth to a Civil Division, in Relation to the second, where the Charge requireth an occular Testimony to forme the Impeachment regular; the proof rests totally o're-shadowed with a humane impossibility.

We may yet more properly hereto annex such incapa­cities as may frustrate the intention of the Conjugal Instituti­on; whether Civil, Natural, or Accidental.

Under the Notion of a Civil Incapacity, may pass not only such, as are excluded by a common Praescription in the Civil Order, as Ideots, Lunaticks. &c. But such Relations also of a Blood, as in regard of their Proximity may decently fall under Legal Interdiction, Quiloco Parentum inter se habent, &c.

Under the distinction of a Natural Incapacity, we may in­fer such incorrigeable Imperfections, as by nature happen through the error of her work.

The Accidental Incapacity may be extended to Praeternatu­ral or Artificial Affections.

The Praeternatural, where either Naturally or Adventiti­ously, ex morbosa aliqua constitutione partis aliquid deest, vel su­perest; by imperfect constitution of Parts, some thing is either wanting or superfluous. The Latter Imperfection may fall un­der [Page 130] the possibility of a Remedy to render it a capacity of Con­jugal Union. As Imperforatae. The Former never.

Under an Artificial Incapacity may be inserted such an Im­potence, as is contracted by inward Assumption or outward Application, or by Enchantment, as Ligati. But in respect such disabilities seldom are incorrigeable, we cannot justly ex­clude them from capacity of Conjugal union.

Some difficulties inherent to our Subject may pertinently be here enlightned, as whether such a legal Incapacity ought to be subsequent or preceding the Conjugal Association? And whither such an Incapacity predistinguishable may justly, in concealment, fall under censure of a Civil Trespass.

The First Position seems a scruple scarce worth an Exposi­tion. Since every just pretence of a Retraction in agreement (of this kind) is grounded on Deffaut preceeding contract. The Latter being a Subject more proper to another Principle we will remit to their peculiar Order.

2. From the perfect fruition of the First Property usually pro­ceeds the justest Acquisition of the Second. Children, which nevertheless, without so strict a Reference, materially may be considered under the Distinction of the Natural and the Civil.

The Natural Acquisition is either Ligitimate or Illegitimate. The Civil only is Adoptive.

The most proper and agreeable coherence is without doubt the Natural, in which our very Essence seems in the Currant of succession transferred to Eternity, without which, Mans suc­cessful endeavors (though Crown'd with opulence and Ho­nor,) yield in their fullest Affluence but an imperfect satisfaction, their charming Harmony still grating the affected Heart, with the good Patriarchs interjected Discord. Quid mihi. That the il­legitimate Dependence, though naturally constituted, should reach so high a consequence, can scarcely be affirmed. Since Infamy and Infidelity associate the Production.

It will therefore be materially pertinent to our Order fully to appropriate unto either their Distinctions. Children intitled with Adherence of Legitimacy, may such be figured either properly or improperly.

Properly, such, as after due solemnity of their Nuptial Rites, are in due season and maturety of time produc't.

Improperly, such as before Terme, under Terme, or after Terme of Conjugal Institution, untimely are produc'd.

The Two First Distinctions the Civil Law admitteth to a priviledge of Legitimacy, and sometime the Latter, when con­firmed by some Accident, that Nature was disturbed in her usual course. Our Laws more Rationally, exclude them all from such capacity: Insomuch, as the succession of Families, (in [Page 131] regard of their Possessions) ought to be preserv'd, so regu­larly pure, as not to become subject to the blemish of a visi­ble suggestion.

The Illegitimate coherence of Children may also bear the same distinction, being such either Properly or Improperly.

Properly, such as without Reference either to Preceeding or Succeeding contract, at any time are produced.

Improperly, such, as with Reference either to Preceeding, or Succeeding contract, or unto both, untimely are produced.

The Latter Distinction of Illegitimacy may sometime plau­sibly (in reference to many circumstances in the Transaction) by especial Grace of Prince or People, be admitted to a capa­city of Legitimacy. The former regularly and without Oppro­by never.

To these Distinctions of Filial Inherency, may properly be annexed that of our Adoption. A Custome very frequent a­mong the Romans, where Vertue being esteem'd the highest Dignity, became invested with adherence of the nighest Re­lation; on the immediate extinction of a Family, but to sup­port their Name.

How farr the Agreement should extend to form the Insti­tution regular, may probably frame an Argument material in Discussion. Besides the Principles both Pater & Patria are concerned in the Agitation, nor can either justly be excluded in consent to the Transaction. The Parenty in respect, a Member thus becomes desected from the Family; The Ci­vil Society, in regard no alteration of Order in so Essential a Distinction can justly be admitted in the Civil Frame, with­out a publique Act, so that we may hereby conclude the In­herence to his Property must pass under the Title of Do­nation.

Whither the Paternal Inherencies, as Lands, Goods, Ho­nours, &c. may justly be transferred with the Person to an­other Family, is a Subject materially considerable, and may possibly without opposition pass in the Negative; insomuch as the common Affluence tending to support but one peculiar Stock, becomes enfeebled, when diverted to the enlargement of another.

3. Servants in Reference to their Use and Nature, have a vast extent in their Distinction, as Bond-servants and Free-ser­vants, Domestiques and Retainers, Fealists and Facultists.

Bond-servants are distinguished in the Perpetuity of their Servitude, terminating only with their Owners special Grace in a publique Enfranchisement, or by the Common Law of Nature.

Of These there are sundry sorts of Acquisition, The Pri­mitive and most Antick, was, questionless, the chance of War, [Page 132] which inevitable Thraldom to the vanquished, was probably the highest and the justest Motive to a generous opposition. The hope of future enlargement, tending but to unnerve the Resolution. But Man contracting still corruption with the Time, formed hereto another species of Acquisition, the victor not contented with the use and Glory of These living Trophies to his valour, made them the Subject of his Avarice in a sordid Traffique. 3. To These two kinds of Acquisition succeeds a Third, not altogether properly so term'd, in respect it seems framed on a voluntary Concession, where the Bondman at­taining by publique Ordinance: the privilege of Enfran­chisement, prefers his Bondage 'fore his Liberty, not accepting the Permission, whereon the Master nailing his Ear to the Post of the House, became entitled to his use for ever. Yet may this probably be judged an Acquisition of Benignity, which in his former Bondage had so engratiated the servant, he could not hope to improve in future his Condition.

4. From these Distinctions of Acquisition may possibly pro­ceed a Fourth, more just and absolute then all the other, when in a lawful propagation, they are multipli'd, where the en­thralled Infant receiving his Elevement in the Family by his Masters care, more sensibly accepts him for his Father, of such were form'd the good old Patriarchs Families.

Whether the Authority of the Lord over his Bondman, justly might extend to Life and Death, is an Argument may properly be here reflected on. The practice of most Common­wealths in which this sort of servitude was formerly in use, af­firms it regular. To which the sacred Letter not much dissents, prescribing to the term of an accidental Dispensation, but the extent of three days from the Fact unto his expiration, rather as a Restraint to Inhumanity then a rule of Equity, as appears by the sequel, for he was his Money, which seems to acquit him from a voluntary Act, in reference to his own Interest. The weight of This Proposition chiefly depends upon the Rond­mans adherence to the Civil frame, to which admitting him a Member, he justly then may claim a priviledge of security from the Civil Rule, if not admitted such, he must at least be yet allow'd to be a Civil Property inherent to the Pub­lique benefit, which no way can be wilfully destroy'd, without a common prejudice, so that if the Fact prove not a criminel De­linquence, it of necessity must be adjudged a publique Tres­pass; which conclusion also will meet a farther impropriety in Rule, since every Bondmans life extinguished by any hand, can onely pass the censure of his Price, nor falls it equaly within a Civil Reparation, if the Agent be of equal incapacity, so that such a Liberty may possibly extend to a preposterous dis­order [Page 133] in the publique Peace. To take away the cruelty of the Masters, redounding often to the publick prejudice. Antonius com­manded they should be sold to others, not barbarously Treated by their Owners.

Bodin concludes our Customary forms of Apprentisage under this Distinction, though but improperly, in Respect, there is herein a voluntary and conditional Ingress and Egress of Con­tract: All which Parts of progression are utterly inconsistent with the proper Nature of a Bondage.

Free Servants are by voluntary and mutual Contract under the subjection only of a Temporary Servitude: and may such properly be qualified from the voluntary Initiation of This Ser­vitude, which limited by prescription of a Covenant, renders to them a voluntary capacity of enlargement; of which there are divers kindes, either in Reference to their Tearm of Servi­tude, as Septannual, Annual, Mensal or Journal; or in Respect of their Abode, as Domesticks or Retainers. These sort of Servants in their simple Nature, without a Reference to pecu­liar Covenant, are properly inherent only to the title of an Ac­quisition, In Respect the agreement is usually raised only on a personal adherence, which Ceasing by decease of either Party, the efficacy of the Contract must of necessity be void, though custom possibly may lend It other priviledge.

Fealists are such, who by the Tenor of a real Possession, owe personal Service or Vassalage to the peculiar Lord, and might not altogether improperly be reduced to the Distinction of a Bondage. A Species of Assubjection not without due con­sideration dissected from our Civil sufferance by publick Ordi­nance: Insomuch as It hath heretofore been found a visible fo­menter to our Civil Broils, and hath now only lest a shadow Thereof in our Court Suits and Services. These sort of Depen­dents fall under a Capacity of every Title to a Civil Property, whether Acquisitive, Donative, or Successive, being usually in­herent to the possession of the Royalty.

Facultists have their subjection formed voluntary, by a mu­tual Contract, in Reference only to the Civil Function, under Limitation of a tearm exprest; which being expir'd, they legal­ly may challenge their Infranchisement to the publick Profes­sion of their Art, and may properly be comprised under the Distinction of Free Servants. Freedom preceeding the Electi­on, and Freedom succeeding the Intention, as the Object of their Servitude. In the common usage of this inherent, Custom hath form'd an Impropriety not equitably allowable. That any one, not yet, by Civil Rule, admitted to the Capacity of Frui­tion of his own Property, should be permitted to dispose of his own Person. 'Tis true, the Parents frequently are supervisors [Page 134] to the Contract, but yet therein no real Agitators, nor yet where their assent is not so evident, doth any Civil Rule afford a priviledge to the Retraction of the Covenant.

4. Offices in Reference to a Civil Property, are formed on­ly to the Publick use: Nor, can plausibly be either admitted Acquisitive or Successive: Not Acquisitive insomuch as such an Introduction doth figure a pretence unto unequal purposes, and lends a colour to the corrupt execution of his Trust. Lucre being the common object of a venal Commerce, farthermore so improper a Reception detracteth from the Worth and Digni­ty of the Minister, who should lend weight and Grace to the prescription of his Charge: under the license also of such cu­stom, improper Agents are admitted to the managing of Im­portant Agitations; not leaving the Institutor a priviledge of Election, while worth and vertue not stooping to so abject a procedure, become excluded the Capacity of a Civil Negotia­tion, Their proper and peculiar Sphere to lend true Lustre to their Nature. Such Imployments therefore might more hap­pily be reserved to the Immediate Dispensation of a Prince or People, to recompence and dignifie approved Vertue in a plau­sible Distinction, and gratifie especial Services, without ex­hausting of the common Treasury. Whether this Mercinary Commerce fall under the practice of a Prince, his more pecu­liar or more general Ministers. The Inconvenients not differ much in Nature, only the Improvement of a Princes Treasure (though with impeachment to his Honour) may to a vulgar In­spection seem possibly to conduce more to the Publick Benefit: Yet the material Influence of either well distinguished, in Refe­rence to the Publick Good. The Dignity, Vertue, and Benig­nity of a Prince, clearly o're ballanceth such sordid Conse­quents.

Not Successive, For then the Impropriety of the Agent to the Action were irrepairable; and the Civil Frame must some­time of necessity sinck under the Insufficience or Corruption of engrafted Ministers. Farthermore the progression of Vertue to a Civil use, would utterly be obstructed, were the transacti­ons of her Ministry only inherent to the Natural Order. And the Influence of a Princes Grace not materially communicable, the Subject should dispence the same, removed from his pro­per Act.

Lands and Houses have one and the same Distinction in Possession, being either Real, or Personal. And though the Latter Inherence may seem to issue from the Former, yet with­out doubt the Latter had first the preheminence in use; as ap­pears in the primitive and unstable abode of our Fore-fathers, before the Sword had yet establisht a distinct property, which [Page 135] in process of time having reduced many Families of nighest Al­liance to one Civil Subjection, assumed, according to the Ca­pacity of their Powers, such a Proportion of the earth, as might preserve their lives with Pleasure and Tranquility. And to avoid the Incursion of their Borderers, erected such Receipts for their Assemblies, as might make Opposition to Invasion: In which, that every one might equally be concern'd, their pre­cincts to each Owner was prescrib'd by common Divident, un­der the Tenor of the Institution, to whose Jurisdiction they be­came subordinate by a mutual Interest: So that we may con­clude the Tenor of each Real Possession, is primitively inhe­rent to the Prince or State presideth the Society under the form of a Donation, with such Reserves of Interest therein, as might support the Investure of such Dignity. In Reference to such Consequence might probably become instituted the first Title of Inherency, as Feofs en taile, where the nighest male succeeds to the Possession.

Subsequent to Feofs en taile, are Feofs simple, where the Real Possession descendeth to the Heirs General, under which Title Custom admitteth the Primogenitor also to succeed to the Succession, resting only this Difference betwixt This and the former Title of Inherence, that herein the Possessor hath a ca­pacity to dispose of his Possession, in present or future, where and how he pleaseth, in the Former neither, being but Tenant for Life, and the next Male, lineally descended, must, though against his liking, become invested in the Right of his Succes­sion.

Another Title of Inherence to a Real Possession, is Feof en Farme; A Title usually issuing from the Concession of a Prince, where the Possession is transacted to a lineal Adherence, under the Reservation of a certain Rent.

These Titles of Inherence have also Reference to certain Tenors, and are either held in Capite, Soccage, Knight-Service, &c. But why such Distinction of Tenors should remain, where the personal Engagements are dissolved, may prove an Argu­ment to a farther Inquisition: besides these general Tenors, there are also with us, customary or particular Tenors, as Gavil kinde, where every Party equal in Proximity, is admitted to an equal partage in the possession, borrow English where the youngest only.

Personal Possessions are such, as by mutual Contract of Par­ties are consigned under certain Covenants, and for certain tearm, either by Copy, or Lease; though the former Title may seem under customary Priviledge to challenge a succes­sion of Right. Yet since the Condition of the Copy bearing a Personal Prescription, and falling under a Ca­pacity [Page 136] of Retraction, may become void and divided from the Right of a Succession, without any voluntary Act or Surrender, it properly may fall under this Distinction.

Every Real Possession being originally derived from the Civil Institutor, whether his Investure therein were constituted by Agreement, or the Sword. Under the Title of Donation exten­ded to a special, or a general Succession, ought equitably to be serv'd by Civil Ordinance in such adherence to a perpetuity: such was the Constitution of the Iudaick Possessions in their primitive Dividents, which could not be alienated from the Family or Succession, but till the ensuing Iubile, nor so pas­sed from the next Successor, unless he had refused to accept the Sale. A plausible Institution to preserve agreeing Simitry in each Part of the Civil Structure, lend bounds to insatiate Ava­rice, and succor to the Indigent. The Latter part of the Insti­tution remaineth still in Force under the Texture of the Civil Law. The nighest in Relation, under Prescription of time, re­taining a Capacity of Redemption. But the Corruption of Hu­mane Nature still findes evasion to frustrate the Intent of any Ordinance establisht to the publick Benefit, usually disguising the Nature of the Sail, under the colour of exchange, though the pretence be never so unequally designed. That it may justly in this, as in many others, become a wonder to a rational In­spection. Why Civil Societies so exactly consult, and so long deliberate on the Establishment of Their Decrees: yet suffer the Intent thereof, to become violated, mock't and cheated by adulterate Practises.

No Title can truly impower the owner to pass the Possession of a Real Estate, equitably by Donation or Deed, but that of Acquisition, unles the Possession issue from a simple Donation, without reference to Succession; which then according to the Letter must terminate in his, to whom it is Transacted. In which case, if feasable, a Donation might fall under the Na­ture of an Acquisition: In all other Respects the successors have a just Title of Inherence to the possession, and can no way be alienated without Injury, till the succession fail. The Industry of the Predecessors having equally for Object the common In­terest of the Family.

A Real Acquisition is a Priviledge inherent only to the Na­tives, Aliens being generally excluded from the Capacity of a Real Possession under what Title soever, lest the substance In­herent to a Civil Society, should be transferred to a forreign use.

Real Acquisitions are not without Reason limited in some So­cieties by Civil Ordinance, especially falling under usage of a Commulty; where the possession finding no Issue by succes­sion, [Page 137] might possibly in process of time swell to so unequal a proportion, as might not be consistant with the Publick Inte­rest. To form the Acquisition legal, the Civil Law exacts the consideration be in a certain measure valuable, else becomes void in the Transaction.

Real Possessions admitted general in Succession, are properly not subject to a Distinction in Sex.

Chattels or Moveables hold a vast extent in the Definition of their Nature, which may nevertheless be reduced to one Species, under the Distinction of Money, the Common Receptacle to all the Rest. In this Property we justly may become intitled from any hand by way of Donation, since no inherence can be constituted on so moveable and uncertain a Commodity, though Nature seem to claim the first Direction, and her order thereto the Progression: yet being the fruit of Industry or Parcimony, the Possessor denying himself the use thereof, may justly be al­lowed his Inclination in the Fruition of another, how remote so­ever. But the most plausible Title to the Possession of this Property, is a just and regular Acquisition. The first and least subject to Corruption is the Manual, next the Official, last the Venal. Of the Venal the forreign. Of the Official the voluntary. Of the Manual the most necessary, from which principles issue all the Branches of a Civil Commerce.

This Property also falls sometime under the Title of Succes­sion, when the Possessor dyes Intestate. But why the right of Administration should be so constituted in one Principle, by the Civil Law, contrary to her proper Order, as to exclude others equal in Descent, from equal Divident, may become a Cauti­on not unworthy a Publick Reflection, though the error seems cast on the untimely Advertisement of the pretenders. Or why as some affirm, the Female Line should be preferr'd before the Masculine, without Infringement to the Civil Order. The pro­cedure admitting of no other Rule then what might blemish her own Institution, inclining rather to the certainty of Nature, then the Authority of her own Prescription.

XXXIX. The security of our Civil Property.

THE security of our Civil Property (without Contra­diction) consisteth totally under the Tuition of the Law, But such is the frailty of our Condition, that we pervert the very Nature and Intention of all things that fall under our depraved usage, whether Civil, Natural, or Divine, though never so happily constituted to our Benefit. A more visible Proof whereof cannot be instanced, then what we may extract [Page 138] from the Constitution and Issue of all humane Laws, though never so exactly constituted, being ordained for the Peace and Preservation of the whole Frame of Civil Union, are universally the highest fomenter of Division, and the most destructive Burden that any way imaginable can happen to It, insomuch, as all other Calamities and Inconvenients of what kinde soever have their peculiar Seasons, Relaxes, and Intermissions. But this inevitable poison, under the colour of a common Ali­ment, is distributed, ev'n to the smallest Vessels of the Civil Structure. It will therefore be very material (more successfully to approach the general Nature of the Object of our Treatise) to search into the ground of so unhappy a Consequence, which probably may be disclosed in the Reflection of these Particu­lars. 1. The mutual Disaffection of the People. 2. The Dam­mage that attends on the Issue and Pursuit of a Civil Decision. Though possibly might hereto be inferr'd divers other more im­mediate Circumstances, which frequently pervert the Instituti­on of the Law: as, 1. The Improper Constitution of Courts of Iudicature. 2. Their Error in Practice. 3. The Corruption of their Practitioners. 4. The Impropriety of the Law. Yet never­theless, since the two former causes removed, will inevitably frustrate all Inconvenience might arise from any such Disorder, we only will insist on their Discussion.

1. The mutual Disaffection of the People, without Question lendeth the first Combustable Matter to a Civil Dissention, and may properly be tearmed the Tinder of Debate; which catch­ing fire on every slight Emotion, prompts the heady will to snatch at every slight occasion, that may Minister to the Di­stemper, and to justifie the Resentment, though never so ir­regular, and warrant the satisfaction, though never so destru­ctive; most fly unto the Law, which both in the Procedure and Issue, leaving fresh Matter to more violent Debates, instead of a peaceable Decision, multiply an impetuous Division: On which inevitable Consequence of humane Infirmity, the ex­actest Legislators maturely reflecting, have endeavour'd to erect the structure of their Civil Society, chiefly on the Baiz of a mutual Unity, Concinity, and Agreement of the Parts thereof, utterly removing all Obstacles might therein visibly ob­struct their happy enterprise; and imploying all the Ayds imaginable, might either through Use or Advantage, Form in them the perfect'st Habit of Affection, more strictly regard­ing in their Transactions the Rights of Amity, then of Justice; as may, in Reference to the first part of the Assertion, appear in Licurgus, Taking away the use of Money from among tho La­cedemonians. Numas equal Division of the Lands Inherent to the Jurisdiction among the Romans. In proof of the sequel afore­said, [Page 139] may be instanced The strict Laced Association of their Com­munities. Every one, if able, was enjoyned under Penalty to repair unto the publick Intercourse of their Associates, for their refection, under this Limitation, that on those dayes design'd for Hunting, his Absence was permitted, conditionally, The whole Society might participate with him of the success of his Industry: the Residue was licenc't to his private usage and his Families. According to this Rule was form'd the Association of the Esseans, a Sect among the Iews, whose happy condi­tion did far transcend the Pharisee, or Sadduce: Insomuch, as under their inherence, none fail'd of his security, depending wholly on the mutual succor of the whole Society, whose joynt Interest was engaged both to the timely, and the due support of every Member of their Civil Frame. In relation to this Model were reduced the Centuries into Maniples, and Chambriers, In the Military Order among the Romans, by so nigh an Associa­tion to linck them in a stricter Union for their mutual Succor and Defence, and for encouragement to this their Coligation, to insti­tute a publick Triumph to him in Particular, that had secured his Associate from the Enemy. Nor is the cautious Distinction of their Tribes, among the Iews, so nicely passed on Record, established on any other Purpose or Intention, then to oblige them to an Inseparable Conjunction in their fellowship for their joynt security. Our common Distinctions of Consanguinity, Al­liance and Affinity, but spurious Emblems are of our Relations, in Reference to the proper use, and primitive Institution, being only kept alive by Record or Tradition, for the Advantage on­ly of Particulars, not for the mutual Benefit of the joynt In­herency, which are no otherwayes therein concern'd, then as remote Collaterals, in future possibility, not in present Act; from whence ariseth Controversie, Dissention, and Debate; Batteries rather for mutual Ruine and Destruction, then Cytta­dels for their common preservation; whose effects are more ob­vious and deplorable, in that they frequently are distinguisht in the Transactions of the nighest Reference to a Natural Union: On whose Composure the Civil but pretends to raise her perfect Structure and Establishment: So that the Reflection of the Consequence justly may beget Astonishment in a digested sence, how it is possible the Civil Jurisdiction should resent the violation thereof, with so much Indifferency, since her Rights are to Natures but subordinate. Nor yet is our Positions only fram'd on Civil or on Moral Practises; our perfect'st Guide hath lent It a more eminent Distinction, affirming, Love to be the fulfilling of the Law. And how that Law should meet a happy Consti­tution, which pursueth not in Her Prescriptions the Object of Her Execution, is questionless in Civil Rules a visible Incon­gruity, [Page 140] whether it be in the Imperfection of Her Nature, or Impropriety of Her Order. Whether in the Coruption of Her Ministers, or Error in their Practice, whereby the Members of a Civil Union may either be o're-powred, or ensnared in a Civil Transaction, lest any Grievance or Oppression hapning under such a procedure, might instigate the sufferers (judging the Na­ture Thereof by the Consequents) utterly to desert those Prin­ciples, whereon the Civil Fabrick chiefly was erected, and follow strange Chimero's of their own Invention, so form in their Division, such a Rupture in our Common Union, as pos­sibly may extend to the subversion of the Civil Frame.

From the Result of this our present Argument, will necessa­rily ensue a due Perpensation of the next Collateral Impediment to the Intention, Propriety, and use of the Law. The first No­tion being the common Clause of a Civil Division, the second of a Relapse; In Regard that the Dammage and Disparagement attendeth on the Procedure and Issue of the Law, produceth in the resentment of the Agitators new passion for Revenge on any frivolous Pretence, which frequently are pursued and con­tinued till both the Parties thereby become ruin'd with their Fa­milies. To remove this unhaypy Consequence from the Pro­ceeding of the Law, whose proper Object only is, Suum cuique reddere & conservare. It will be highly requisite to the Propriety of a Civil Institution, in Reference to a Plea, that neither in the Issue or Persuit thereof be left remaining either sting or scar between the Agitators, which usually are therein enduced, either by Personal Disparagement, Indignity or Disgrace. Or Dammage in Cost or Delay. Or Burden of the Penalty. The former and the latter inconvenients may easily be rectified in a Plausible Summons only, and a feisable Reparation. The second not without Difficulty, in Respect the inevitable charge, which attendeth the Prosecution of a Plea, is not any other way distinguishable to be avoided, It seeming altogether Impossible, that so numerous a multitude should daily wait on the Proceeding of our Civil Agitation without any Advantage, more then the Demerit of the Action. In Reference to the Assertion, we may affirm, that there can not be a more honourable or satisfactory Imployment designed to any Person, whose fortune shall afford him vacancy from the urgency of his own Affairs, inherent to the necessity of his own subsistence, then to lend a voluntary assistance to so im­portant a Ministry, according to the Capacity and Number of his Associates: Such was the procedure of those ancient He­roes, whose Vertue only lent a more splendid Lustre to the Dignity of their Countrey, then all the Glory of their Victo­ries. In Reference to which pattern he conform'd his practice, whose vertue justly had entitled him with the Denomination of [Page 141] her Essence, Sen. Cato, daily repairing from one Court of Judica­ture to Another, to plead without Pretence of Gratuity, the Causes of the Indigent and opprest, till he was (of a stranger and obscure Extraction) held worthy to become admitted to the highest Censor. Ministry.

But admit the parallel (in favour of our Infirmity) more pro­per for our speculation, then our Imitation; might not Courts of Judicature be constituted in every County at the Publick Charge, allowing a sufficient entertainment annually to such a Number of Officiates, as might be fit to mannage the Affairs Co-incident to the Bounds of each peculiar Jurisdiction, whose Number being reduced into several Divisions, might alternately officiate ev'ry Moneth: so that the daily Agitation of the Court yielding a speedy Issue to their Pleas, they rarely could become o're-burdened in their Functions, either to their own Inconvenience, or anothers Prejudice: especially if no Action were admitted pleadable, which had not passed the Allowance of a peculiar Arbitrator, who might be so impowr'd as to com­pose a multitude of Frivolous Debates, which usually do but multiply one another to the Disturbance of the common Peace, and the Dammage and Destruction of the Agitators.

In opposition to which Order may probably be alledg'd, that the inevitable Charge attendeth on the Issue of the Law, can­not possibly encounter a more just and proper Imposition, then that the Burden of the Agitation should fall upon the Injurer. The Objection may pass as an irrefutable Position, provided the Conclusion fall under the Restriction of a clear Capacity to di­stinguish, and a full Ability to perform.

But where the sence of the Law is involv'd with such Obscu­rity and Mystery, as no cause, how bad soever, doth not only finde authentick Promoters to encourage the undertaking, but as impudent Advocates to maintain the Prosecution under a le­gal formality of Right: And where the inveterate Malice of Man is universally so great, on every slight Advantage to pur­sue the Opposers of his will to such extreams, as utterly might ruine and destroy them. It plausibly may be allowed very per­tinent to the Establishment of a Civil Welfare, that the Le­gislators should reflect on a more happy Constitution of Judi­cature, then what must of necessity thus cast their joynt Asso­ciates into their hands would sell them to the Inemnity and Rage of one Another, in persuit only of their sordid Lucre.

XXXIX. The Principle Subjects fall under Re­gulation of the Law, in Reference to the Security of our Civil Property.

HAving placed the Security of our Civil Property under the due prescription and Execution of the Law, it will be ne­cessary to the exact Establishment of her work, that we briefly lay forth those accidents which in the infringement of a Civil In­terest, may lend an opposition to her Enterprise, which visibly may be comprised under these Distinctions, Fraud, Violence, Injury, Oppression, Fire, Inundation, Excess.

XL. Of Fraud.

WHen we shall with due Perpensation reflect on the extent of this Principle, in Reference to a Civil Transaction, It justly may produce a wonder in the shallowest Apprehension, that the Constitution of most Laws, in general, so remisly weigh the Consequence Hereof, as to cast the Decision in the common Ballance of a casual Trespass: under which indulgence probably the Practice Hereof hath spread It self into the most honourable Professions, and the nighest Relations, not only as an Act of Frailty, but as a plausible Habit in sufficiency, inhe­rent to the Mystery of every mans Function in a Civil use: so that we might in Reason rather tearm some Civil Societies Artificial Pieces of disguised Impostury, then Essential or Agree­ing Communities: In which Regard we will endeavour to disco­ver the Nature, Prejudice, and Regulation Hereof most perti­nent to a Civil welfare.

The Nature Hereof is questionless a Breach of Trust. Fraud only consisting in Reference to a Trust: so that we may con­clude the Civil Prejudice, that ensues the Practice, may reach as vast a Latitude, as the Benefit of a Trust can properly extend to in a Civil usage: In which ballance we will cast the weight of our ensuing Argument, to lend us a more clear Inspection to guide us in the due Regulation of our present Subject.

Trust is visibly the Band of Common Union, or the Principle conduct of a Civil Commerce; through which the nourishment of every Faculty therein becomes conveyed to the smallest and re­motest Vessels of the Civil Frame, which received, as a regular Position, we may clearly from thence Collect how highly mate­rial It must be to the Improvement of a Civil Welfare to secure Trust from all manner of Fraud whatever, that it may be pre­serv'd [Page 143] so far as possibly we may, in a clear and insubvertible Purity.

In persuit whereof, we must first distinguish the Nature of a Trust e're we can reach our Intention, plac't in the extent of the use.

In Reference to which Order, Trust is a free Act of the will to impart any thing in our Possession to anothers, under the Li­mit of a Retribution, either simply for the Interest of the Trustor, or soly for the Benefit of the Trustee, or generally for the mutual and common Advantage of either, or particularly for the use of neither; but to the use and Benefit of some other or others specified in the Trust.

From which Distinction, in Reference to the Act, we may observe two Circumstances in manner of the Trust to establish it Authentick. First, That it be an Act of the Trustor's free will, not enforc't on him by Violence, Urgency, Necessity, or any such Advantage on the Inclination of the will. Secondly, That whatever is transacted in the Trust be really without en­gagement in the clear Possession of the Trustor, as his unque­stionable Property: otherwise, that Trust can prove but an im­perfect Trust, which is but raised on the Breach of Trust unto another, who may more justly claim an Interest in the pro­perty.

The Object of the Definition extends It self to four Branches, the two first, and the last, have soly Reference to a Common Unity, the Penultimate only to a Civil Commerce. The first may reach a Casual or Impulsive Breach to render It rationally unactionable. The second, but with Difficulty may be admit­ted to such Priviledge. The two latter never fall under that Ca­pacity. In Regard the first Branch of Trust hath only Reference to the Interest of the Trustor. The Trustee only accepting of the trouble inherent to the Trust, as an Office of Amity, which is perfectly discharged in his endeavour to effect it; but not reaching the intention of either by casual or impulsive Acci­dent; the Dammage of necessity unjustly is imposed upon him.

The second Branch of Trust, where the Trustee only reaps the Advantage of the Trust, meeteth some scruple in the Dis­pensation of a Civil Procedure, on Casual or Impulsive Breaches of a Trust; inasmuch as the Trustor pretendeth to no benefit in the Trust. But possibly to his own Inconvenience, or other Disadvantage, for a season, hath resigned the use Thereof unto the Benefit and Advantage only of the Trustee: So that in Reference to the Priviledge aforesaid, on Casual or Impulsive Breaches of Trust, We only can, in Civil Rules, lay the ground of the Trustees Plea, upon a Right alone unto the Trustors Be­nignity, rather then in the inefficacy of the Trust, or the [Page 144] Incapacity of the Trustee. It appearing a high Impropriety in Civil Rule to prosecute an Act of Retribution to the Dammage or Destruction of him to whose Improvement or Preservation It only was directed; and where the succor was friendly dispen­sed, the Advantage Casually failing, a Reparation seems ma­liciously exacted. But, as the Trustee, to whose use only the trust was intended, may seem too favourably admitted to the Exception of a Civil Procedure on Casual or Impulsive Breach of Trust; so the voluntary or Perverse Breaches of trust inten­ded only to the Advantage of the Trustee, may seem but too remisly Censured in a Bare Reparation of the trust: insomuch, as Pain for Profit must yet make the Return but too unequally Ballanced in a due Compensation of Right, which far more justly might extend to the Advantage, was thereby acquired, as a Retraction of the Intention of the trust so infamously in­fringed.

The third Branch of trust, which tendeth to the mutual Be­nefit of the Transactors, is excluded such Capacity; insomuch as the trust is formed under a Conditional Contract, in pursuit of a common Lucre, where either runs the hazzard of the Ad­venture by his proper Act, in Reference only to their own Ad­vantages; so that the trust infringed, the Trustee voluntarily casts himself on the penalty of his Covenant.

The latter Branch of trust, which requireth only the Cir­cumspection of the Trustee to the specifick use of others pri­vately or publickly concerned in the trust, can pretend to no Civil Incapacity to free him from a Legal Prosecution, in re­ference to a Breach of trust, in that it rests wholly in the Ele­ction of the trustee, to accept or renounce the trust, to separate the Inherents of the trust from his own property, or alter or transact them as his own: so that nothing being exacted from the trustee, in execution of his trust, but his own will, It soly is his will that can infringe it, which tending to so material and charitable an use, failing only in the Retraction and Remisness of his will, he justly may sustain the penalty of his reproachful and injurious Reluctance or Neglect. This trust is usually a Te­stamentary trust, which accepted, engageth the trustee as his own proper Act, so far as the Capacity of the Subject will ex­tend, which may also be farther distinguisht in a publick or a private trust.

The Private so constituted, have frequently this Default, that they seldome reach to the intended use, when as directed to the Benefit of Children, who commonly have most need thereof; in that their present advantage is not only suspended, but the trust also many times so oft removed, e're they attain a due Capacity to exact it; that either the Inherents to the trust [Page 145] fail, or the trust it self falleth to the Ground, wanting either real or equitable Grounds yet farther to produce it: which de­fect scarcely will be exactly rectified, but under the tuition of a Publick Court, constituted only for the safeguard of such Per­sons as properly fall under a Civil Incapacity.

A trust exacted to a Publick use, seldom or never reacheth the Intention of the trustor, in that the Election is not sufficiently separated from the Interest of the trustees, who exercising their trust, as if only establisht for the Advantage of their own Re­lations, mutually assent to the Remonstrance or Intercession of one another, in favour of Particulars: whereas every Member of the Common-wealth, under the Capacity of the trust, ought to have an equal Priviledge in the Benefit thereof. And having, without just exception, attested his Capacity in Presentation, should by equal Lot be cast into a visible and orderly Reception with the rest, from thence to be extracted by an impartial hand. Farthermore, in such partial Elections, all Abuses and Breaches of trust whatsoever, become utterly smothered by taking away the freedom of Impeachment from those are soly interessed in the trust, in a servile Adherence to the patronage of the trustees.

To conclude our Discussion of the Nature of our Subject, we may pertinently here insert one General Exception against all the former Branches of a trust, That none of them be passed under such a form, oblickly constituted for collateral and impli­cit uses, not exprest in the trust: which Procedure may justly be excluded the Suffrage of a Civil Jurisdiction, being the common shrouds to the most specious and Considerable Frauds in Practice.

As to those Forms of trust, passed on Contracts of Marriage, they seem improperly constituted in the Hands of a Particular, or Particulars, of how nigh Relation soever; in that every small Occurrent tending to the inconvenience but of some con­cern'd therein, have commonly sufficient Influence to o'rethrow the trust, unto the Prejudice of the Rest, not of Capacity to yield to the Transaction: so that necessity will lend us a Dire­ction to fly to publick safeguard for Redress; where such Acts becoming totally irrevocable, they may infallibly attain the pro­per use to which they were directed.

Under which Notion may likewise be comprised. Guardiant trusts, either Testamentary, Successive, or Elective; which having, for Object only the Benefit of such as are not under a capacity to act either judiciously, or freely for their own Ad­vantages, in respect of their Civil Incapacity, or else the strict subordinacy to a nigh Relation. Their Interests (in reference to [Page 146] many Inconvenients may thereon ensue) might more successful­ly be managed under the publick Tutelage.

Having thus far generally discussed on the Nature of our Sub­ject, we will proceed to agitate on the use thereof in some Par­ticulars; in the Introduction whereof we incounter some diffi­culty, both in Reference to our Order, and Importance in our matter; which is, whether the Natural or Civil Relation ought first to be admitted to a Precedency in trust? The Que­stion may at the first Inspection appear of little Ambiguity, and as little moment, one only exception but reserv'd: insomuch, as we have formerly inserted, that the Civil Frame is only form'd from the connexion and concinety of the Natural: yet when the Dissolution of the Former may be threatned in the Preservation of the Latter. We must affirm it much juster, that one cri­minel perish in the Infringement of a natural Law, then that ma­ny innocents should be destroyed by the dispensation of a Civil Ordinance: As in matter of Treason, where in every Act of unviolated trust, the Trustee becomes an Accessary to the Trea­son, In which Respect, the Transaction falling between the Father and the Son, the Son may probably claim Advantage from the same Law of Nature to warrant his Discovery, as the Father might exact to enjoyn Concealment. Quisque sibi Proximus. Yet the Romans held such Primitive Inherencies in so great Reverence, that they dispenced with all Civil Tyes in favour of their Rights. A Slave might without Impeachment conceal his detected Master, much rather a Wife, a Childe might be admitted to such a Priviledge; though the case pos­sibly may require a more exact Distinction; since after detecti­on: the Attempt falls under a Capacity of Prevention: And the concealment then tends but to the safeguard of the Delin­quent, not to the Promoting the Delinquence: From whence we may conclude, that such Relations may, without Impeach­ment, be licenc't the Protection of the Criminel, provided It reach not a participation of the Crime: which exception in al­legiance interjected, we may without farther scruple, accept the Wife to the first and highest degree of trust, since on her Faith we cast the Model of our Oeconomy for the enlargement of our Fortunes; and in the Affiance of her Fidelity, we trans­fer them to our Succession. In Reference to these two Objects of a Civil Union, though perhaps unequally Ballanced, the se­verest Societies of a Civil Jurisdiction have passed the Infringe­ment of her trust under a Criminel Sentence, specified in the Interdiction of these Principles, Adultery, Suborning a Childe, Drinking Wine, Counterfeiting Kayes. The three first take is­sue from one and the same Intention, which is the security of our own succession in a lawful Propagation: the two first really, [Page 147] in regard of the Action. The third but conjecturally, in regard of scandalous Intention. The last particular reflecteth only on the safeguard of the Civil Property, which in such Infringement of trust manifestly tending to a fraudulent subversion; the Ci­vil Judicature conceiving them to hold one and the same Conse­quence in the Intent, lent them but one and the same weight in the Punishment; yet with this Limitation, that the execution should pass under the Authority only of the Principal. The Civil Jurisdiction, in all Ages, seeming very scrupulous to intervene in the Decision of Differences between Parties so in­tirely united, that should, in Reason, but enjoy one common Interest; so that if any such permission in a Domestick Trans­action were derived from the Civil Authority, which might in Reference to the Offence, seem too severe. It might be con­cluded, that the Trespass was not only obvious, but of a very high Nature, that should enforce a man so to divide Himself ev'n from Himself, where the very sense of Nature was suffi­ciently effectual to leniate the most rigorous Austerity: In re­ference to which Conclusion, possibly, Moses Civil Institution forbore to judge the weight of a Filial Disobedience to lend it a Criminel Infliction, but commanded, that the Offender should be brought forth by the hand of his Parent; whose Bowels would ev'n in the first Intention, have relented in a natural En­dearment, so to expose their own Flesh and Blood to the Fury of the People, had not the offence been altogether held inex­piable, But the Frailty of Humane Nature, in succession of Time contracting new and extravagant Corruptions to the ex­tinction of the Natural Light, whose Motives now becoming not the Object of their Union, must not, without Reason, fail in her Resentment, hath justly deprived him of so material a Priviledge, without a Reference to the Civil Jurisdiction. The Civil Law not so much as admitting him to a capacity unequal­ly to divide his own Goods amongst his Children, without sufficient ground confirm'd by legal Procedure: to which Me­thod of Decision, we will contract our former Principles, that we better may conclude on the equity of their Censure.

Adultery can want no other weight to lend it a Criminel In­fliction, then the Light of the sacred Institution, and the pra­ctice of the Civil Law.

To suborn a Childe, must without contradiction, in Respect of the Consequence, reach the highest Nature of a Felony, both in the Contriver and the Coadjutor: Insomuch as the Estate, both Personal and Real, unjustly is took from the Natural and immediate Inherents to the succession. As to the trust con­signed to the Wife, which probably might herein alter the Na­ture of the Trespass; since Breach of trust can properly not be [Page 148] extended to an actual Felony: which granted, yet neverthe­less the Felony (not extending to the Trustor, both in Respect of his trust, and that he yet remains in full Possession of his Property) may notwithstanding be so qualified, extending un­to others Interest, betwixt whom and the Trustee, passed no act of trust.

To drink Wine seems but a frivolous offence to counterpoise so rigorous an Imposition as their Death, and probably may be rather judg'd an Inhibition only appropriated to some peculiar Custom or Climate, then an essential Rule to form a rational conclusion to a General use: yet taken universally, as extend­ing to a Habit in excess. It may be held more then a conjectu­ral circumstance to the former impeachment, in that (without Reference to the motive thus visibly fomented in the Practice) A Woman in such Disorder can make pretence but to a slight safeguard of her Honour: So that, both in regard of the Scan­dal and Danger in the consequence of the use. We justly may suspend the Trespassor from the capacity of a Conjugal Union, the ground being of sufficient weight to exact a legal Sepa­ration.

To counterfeit Keyes, This Interdiction was probably con­stituted under the usage of Palygamy, where the Wife was rather esteemed the purchase of their Property, then a companion in Society: in which servile condition of Wedlock, like so many several Factions, every one endeavoured by all means possible to enlarge the Fortune of their own Production, and extendeth only to a breach of trust imposed on the safety of our Goods; wherein, according to the Institution of our Law, the Trustee hath an equal Interest, although sequestred from her use under the Tuition of another: in which Respect the Civil Judicature reflects not on the Nature of the Fact, but as a private Tres­pass, and leaves it only to the regulation of the Principle, in whose capacity alone It is to separate His Wife from his Pro­perty, or his Property from his Wife.

The Children can by the priviledge of their Extraction pro­perly be intitled to no inherence of a Civil trust more then the Father shall assign him by his special Order; and in the Breach thereof, become only liable to such correction, as the Father shall impose, without a Reference to a Civil censure: insomuch, as they have a collateral Right inherent to the property, and should in Reason, need no stricter tye to the due Execution of their trust, then their proper Interest.

Servants fall under the next Adherence to a trust, which may yet more clearly be distinguished in an Explicit, and an Implicit trust. The Implicit trust extendeth generally unto the safeguard of his Masters Goods. The Explicit lends a more visible In­timation [Page 149] of the Nature of this trust, under the limits of a a conditional Prescription: so that the Infringement of the Im­plicit trust may properly be tearmed a breach of Contract, though not so fully under the Distinction of a Civil Trespass, as the Explicit is: Yet if the Trustee shall under pretence of his General trust appropriate to his peculiar use, or otherwise alie­nate the Goods of his Master not committed to his charge, the guilt may be extended to a Criminel impeachment.

In these Particulars only is establisht a Domestick Trust, with Reference to a Civil Unity. Our order next requires, that we reflect on other forms of trust, which properly may be reduced to a more general usage, either Publick or Private.

A Publick trust is either General or Special. The General is either Implicit or Explicit: The Special only is Commissionary; both are derived from one common Principle; Publick Autho­rity, and directed to one common Object, the Publick use: So that falling under one common Consequence in their Nature, they may meet one common Distinction in their Infringement. though in Reference to the Subject they handle, some have a more material extent of Dammage in their Issue then others: every visible and voluntary Delinquence in a Publick trust ex­tending to a Crime of Iese Majesty, in respect, that not only the common welfare or Dammage depend on the Transaction: But the Dignity or Honour of a Prince or State become ble­mished in such miscarriages, passing as his or their own proper Act, either in the Election of their Ministers, or in the order of their Ministry.

A General trust in Publick Interest, is what every Member of a Civil Capacity, was born to in common Right of his ex­traction, and may be specifi'd in Acts of his Allegiance either Implicitly, as a National Injunction, or Explicitly, as an Adjur'd Prescription. The former engageth as a Civil duty; the latter also, as our proper Act. A Trespass against the first order may possibly seem but to infringe a Civil Institution. The latter al­so a sacred Ordinance: The first may by Act of Grace become restored to his Purity. The latter justly never to be admitted to a Civil Capacity.

Special Acts of Publick trust, extending to a Publick use, may reach a vaster Latitude. The National, Iusticial, Negotiary, and the Military. The two latter more properly inherent to the exterior object of our Minister, we have reserv'd to their pecu­liar Order.

The National trust extending to a Publick use, is the highest and most material Distinction of a trust (implied such under the License of a free Election) where the people under Commission of the Supream Authority, make a peculiar choice of their [Page 150] Trustees to agitate on their common Interests, in a Publick Con­vention. How this trust may become visibly and wilfully im­peached in the trustee's prosecution of his trust, is not clearly obvious, where the lesser Number must of necessity recede unto the Greater, unless it might be imputed to a Remissness in his Agitation. If any Subject should fall in discussion, which might possibly be repugnant to the peculiar Interest of the trustors. The trustee led by Integrity, and Judgement, may, without blemish, promote the matter, tending more universal­ly to the Advantage of the Civil Frame, since the whole Con­vention consisting of many trustees, can properly fo [...]m but one Body of trust, whose object is not the welfare only of some peculiar parts, but of the whole Structure. Neither is the trust transigned to the trustee by the People, other then a Col­lateral trust, whose original resideth in the Supream Authority; to whose Councel they are summon'd to consult on the welfare of the whole Frame. So that the Infringement of trust must properly be derived, Either from the Peculiar Exercise of their Office, or the General Object of their use, inherent to the Prin­cipal trustor, and diffus'd from thence to the Collaterals. The Office is soly posited in Council, not in Rule; to Consult, not to Determine; to Remonstrate, not to Conclude; to Apply, not to Exact; to Present, not to Enact: All such Improprie­ties in the Publick Transaction of the trustee may properly ex­tend to the infringement of the Publick trust, if singularly not cleared in a Publick Attestation.

The General Object of their use, is one common Agreement the Publick Good; but that Good sometimes not rightly distin­guished, wanting a due coherence with the Principle, whereas rightly understood, the Interests of the Prince have so nigh a Reference with those of the people, that they are properly but termini Convertibiles. The Benefit of the Prince being the Ad­vantage of the People, and the Advantage of the People be­ing the Benefit of the Prince; so that of necessity, who oppo­seth the one, impaireth the other, and consequently falleth in­to a visible Delinquence of that trust, which was imposed on Him in the Transaction.

The next succeeding Act of special trust, is the Iusticial, or Iusticiary, which passeth also under a Commissionary Form. This Distinction of trust hath apparently a material Influence in a Civil welfare, and seems but too abstrusely limited in the capacity of the Principle, where so many Substitutes necessarily depend on the Transaction, unless we might conclude them li­able to all Miscarriages, as visible Defaults in their Election. Suffrage or Incircumspection, too heavy a Burden for him to undergo, is only called to the simple Exposition of the Letter, [Page 151] and the Regularity of the Court. Yet nevertheless, since every material infringement of trust must be enlightned by the inten­tion of the will (not distinguishable, but in an equal Remon­strance clearly preceding to exact the Remedy) either in Opposi­tion, Difficulty, or Defect to our Addresses, may render the said Principal impeachable in his trust.

Private trust extending to a Publick use, holds only Appli­cation to a Civil Commerce, although ready money, or other visible Commodities may possibly pass in exchange between the Agitators: yet insomuch as there must be in equity, an ulti­mate rate to every Commodity, which extended either by in­essential or adulterate Glosses, serious Attestations, or any other Manner of Circumvention, on the Ignorance, Insufficiency, or Credit of another beyond the extrinsick value, is an actual Fraud tending to the subversion of that General trust, should dignifie and support a Civil welfare; in which Respect, the most com­petent Judge lent the ejected traders, no other Distinction then Thieves; as Solomon had formerly noted their Incapacity to re­tain their Integrity. This inconvenience hath taken Root in most Civil Societies, either through a Licentious tolleration, or a Difficulty in Regulation. Pretences of Improvement, and En­couragement of Trade probably ushering an Indulgence to the Former, while Lux and Neglect lent Obstruction to the Latter; every one no farther weighing a General Interest, but in resent­ment of his own particular: So that the whole Method of a Civil Commerce, becomes but one general intercourse of Pippery: But it may here possibly be objected, that this Dis­order may sooner fall under every Mans Observation, then any Mans Regulation. In Reply we will only return a Pattern from some Particulars, as the common Materials to our Livelihood; which, under sundry Civil Societies, have their publick, known, and limited Imposition of Rates, rising and falling, as their depending Exigents require: From which method we may col­lect a Paralel to a more General usage.

For Closure of our Argument, as an equilibrate to this Civil Trespass, in General; we may cast into the Ballance a due Esti­mate of the essential Dammage in Relation to the Fact; which reaching not a due Reparation to the Offence in a meer impul­sive Restitution, being but a bare Consequent to the Casual Discovery: we must yet exact a weightier Imposition to lend the Crime an equal compensation, contracted from the more potential Issue, in Reference to the Intent, where the conceal­ment meets an equal Consequence in the Adventure: It may otherwayes be figured a Game but at half Stakes; where the Winner draws nothing but his own, and the Loser hazzards no­thing but Aire, in the Impeachment of his Fame, as the due [Page 152] Penalty only to the Infringement of a Publick Institution, which might justly extend to a Civil Incapacity.

Neither is the infringement of a Private trust alwayes con­tained under the Latitude of a Civil Trespass▪ where the [...]rans­action hath a collateral Adherence to a Publick Interest; as may clearly be distinguished in the Delinquence of false Moneyres, and Diminutors of the true; whose trespass hath not only Re­ference to the private Dammage of the Receiver, but reacheth the subversion of a publick trust, transigned under warrant of the publick Dignity, whose Majesty becomes directly blemished in the Transaction: So that in the general Constitution of eve­ry several Jurisdiction, the Offence may justly reach a Capital Delinquence.

Of equal weight, and far more justly, in Respect of the Con­sequence, may hereto be annexed Acts of Iusticial Perjury, from whence a Dammage not only is contracted to particulars; but Iustice it self thereby becomes Impeachable, raising her Fabrick on a corrupt Foundation, unto whose Evidence she had resign'd her full Authority. A matter of the highest trust, where Goods, Fame, Liberty, and Life become subverted in a treacherous Procedure. In reference to which Trespass the Sacred Letter (according to the Potential and Intentional Con­sequence of the Matter) layes an authentick Reparation, in an equal Prescription, Then shall you do unto him, as he would have done unto his Brother.

Some other Acts of Private trust, may also here be instanced, which in their simple Nature hold not so strict a Reference with the Publick Interest, though according to the Matter they do work upon, may sometime possibly, with the Former hold an equal Paralel, as Acts of Forgery; which according to vulgar usage, strictly taken, is, Aliquid, Manus Artificio falsi vero In­sinuare, whether the quality of this Fact may reach a higher na­ture then a Civil Trespass, is not clearly yet determinable. Most Laws seem in the Nature of their Penalty, which tending but to Infamy, yet leave the Trespassor, still Subject to a Civil Reparation; though usually the Practicers are in a condition not capable of either.

The Constitution of the Trespass yet more nighly visited, we properly may lend the Fact a higher consequence: not only, in that such vilde Transactions pass usually under the Authority of such Publick Forms should guide us to a true Distinction in every thing transacted, but also, in regard the Infringement of a Pri­vate trust becometh Introduced by assuming something proper to another, not intrusting, as their own; wherein, although the Party not intrusting seems to lose nothing really: yet in Re­spect, it possibly may engage his Honour, Goods, and Person in [Page 153] the Transaction not meeting an exact Discovery. It may be far­ther justly censur'd as an actual Felony, whereby the Penalty may duly be extended to every Person concerned in the Offence. Infamy and Civil Incapacity in Reference of the Indignity to the Civil Jurisdiction. A Civil Reparation, in Relation to the Interest of the Trustee, and a Penal Infliction, in Respect of the Dammage ensuing to the Party or Parties not In­trusting.

As to Acts of Forgery (if we may properly so call them) which tend but to adulterate, corrupt, or otherwayes Sophisti­cate any common vendable Commodity; they may justly be remitted to the Distinction of a Breach of Publick trust, vi­sibly tending to the subversion of a common Traffique.

To this Distinction of private trust may also possibly be re­duced such Transactions, as pass between parties under the com­mon Notion of another, whom they but falsly Personate.

XLI. Of Violence.

HAving formerly searched into the Nature of this Principle, in Reference to the Security of the Natural Union, we will here Reflect on It in Relation only to the Security of the Civil Property; wherein we may first generally observe, that no Civil Trespass whatever more highly infringeth the order of a Civil Society, then Violence, however figured, being as it were, a private Insurrection against the Civil Power; In which regard, 'tis probable our Laws do interdict, that any one in such a Pro­cedure should become reinvested in his Property, though visibly never so injuriously detain'd: And on this Consideration only have possibly formed the severity of their Penal Statutes against Acts of Felony, which seldom are specifically committed, but under some degree of Violence, though frequently the enter­prise may finde no Opposition: for whether such Goods assu­med were under safeguard of House, P [...]il, Wall, or Ditch, or other Enclosure; yet nevertheless, the indirect Ingression or Extersion manifest in the Act, is without other Circumstance a perfect Violence, whether Manable Goods, and unguarded in Waste or Common, may properly fall under such Distinction, is not so clearly evident, unless they have a proper Signature, or Brand peculiar to the Bounds of such a Priviledge, besides that of the owner: Otherwise passing but under Notion of a Common Stray, the Fact may sometime want Distinction, sha­dowed with Mistake. As to Goods Immaniable or Wilde, to which no one can properly lay a just claim of Right, but as co­incidents to the Prescription of their own Possessions. The [Page 154] matter of their taking, though within compass of their pro­per Bounds, can questionless extend but to a Civil Trespass, unless in opposition of their Keeper, if forth their Limits ta­ken, they justly pay the Forfeit of their Dammage.

What other Circumstance in Particular, with Reference to Place, Matter, Motive, Manner, or Measure, may either aggra­vate or lenefie the Matter or Nature of the Offence, we farther will endeavour to discover.

The Place can lend no other weight to the offence, then what may thereto be appropriated, in Reference to the person damnified; which not extending any farther Detriment, then barely the privation of his Goods, may yet be weighed in a higher Consequence, either taken violently from his Person, wheresoever encountered, or from his House, the place of his security: Insomuch, as Nature prompting every one to a de­fence, either in Opposition or Persuit; both equally adven­tur'd by the Injured, with hazzard of his life, may equally be ballanced with the Forfeiture of his, shall wrongfully at­tempt the Issue.

The Quality of the materials may sometime amplifie the Na­ture of the Offence; as Goods consecrated to a holy use, where the Malefactor not only makes an hostile Incursion upon Civil Rights, but in contempt of his Creator's Ordinance; yet farther seems to violate and cast off the Rites of his Exterior Worship, should binde us in one common Union by his impious Sacriledge.

The Motive may sometime not only vary the measure of the Crime, but also change the nature of the Fact, when every Circumstance therein shall tend but to support the present ur­gency of Nature; it being but a Reproach unto a Civil Society. to qualifie that with the Distinction of anothers Trespass, was properly their own, either in Remisness of their Circumspection; or of Relief unto an useless or languishing Member of their Frame.

The Manner also frequently may leniate the Nature of the offence, where the negligence of the safeguard may Minister oc­casion to the attempters practise, and instigate a facile Inclinati­on to a Design, not formed in his purpose: In which Respect perhaps our Laws reflect on the depriving of our Goods by slight, when under personal Tuition, with no more severity then a petty Larcin.

The measure or value of the Trespass can lend us but a doubt­ful Inspection into the weight thereof to moderate or aggravate the Nature of the Attempt: For as a small matter may some­time prove an evidence to a high necessity or Indigence, so may It often be an Argument of an habitual inclination to a vitious [Page 155] Custome, which may yet probably be further distinguished in the frequency of the Fact.

Having thus enlightned the Nature of our Subject in gene­ral with some material Circumstances therein. We will insist to agitate thereon with more peculiar Reference to the Civil Property. Every Personal violence tending to Alienation, under what Relation soever, Wife, Child, Servant or Principle, is without doubt a Criminel Trespass: not only, in that a private Person is thereby usually reduced into Bondage, and the whole Family suffer under the calamity of the Outrage. But the Civil Society becomes thereby dismember'd of a Branch belonging to their Common union, in an hostile Insurrection against the Publique Peace. In which respect alone, 'tis probable the Crime should meet so high a penalty, wherein, as in other Criminel Trespasses, the Dignity of the Civil Ju­dicature would yet become more illustrated in the Reflection also of the Interest of Collaterals therein damnified

A Personal Violence to Wife, Child, or Servant without an Alienation, may sometime fall under the distinction of a Cri­minel Trespass, as in matter of Rape, where not only the Civil but the Natural Order becomes barbarously perverted.

The House may also suffer actual violence, as in Acts of Burglary, which Outrage is justly censured as a Criminel Tres­pass without any regard to the Materials, or strength of the structure; Insomuch as ev'ry mans Habitation is to the safe­guard of his Goods and Person a fortress of Defence. The Sa­cred Letter prescribes hereto a certain Limitation, in reference to the Time. If the Sun be risen on him, his bloud shall not be spilt. Whether it were that his Person were with the Light become distinguishable, or that the People, then roused from their slumbers, were in a capacity to pursue or attache him, is not clearly manifest, neither being necessarily inherent to the exception, which in the ground of the Interdiction annexed, seems explicitely thereby to have changed the Nature of the Trespass. For he should make Restitution, lending it no other weight in such a Circumstance, than a Civil Trespass, follow­ing therein the general Distinction of a Theft according to the Sacred Letter, from whence we may collect new Matter to an Argument Material to a farther Discussion. Whether it were more Consonant to Reason and the Civil welfare to pass sim­ple Larcins under the distinction of a Civil or a Criminel Tres­pass. The prementioned Authority might seem to silence the pretence of an Objection, had not the spreading corruption of Mans depraved Nature daily required a more Rigorous op­position. In which respect, we will decline the Luster of so eminent a Light, (though it more plausibly might be our [Page 156] guide,) more clearly to disclose the weight thereof in every Circumstance, hath reference to our Frailty in a Civil Practice.

In order to the proposition we may inferr, where general Acts of Theft fall under a Criminel distinction, the manner of the Fact is more mischievously prosecuted, on the least jealousie of Surprize, or a Discovery. And the Attempters life once visi­bly attainted, anothers Life becomes too slight a consideration to lend restraint to farther Insolence: So that the Rights of Na­ture often urge to perpetrate an Evil not intended. In persuit of their safety to destroy Another; Nor is there Matter to de­liberate, when as the pilfering Circumstance is with the Tra­gique Issue held equivalent. Whereas the Fact extending but unto a Civil Trespass, no rational Man would wilfully incurr a greater Hazard to avoid a less. Where the Trespass is ballanc'd with the forfeit of a Life, the Injured prosecuteth the Offender to his farther Damage, without any hope to be restored to his Property. Where Reparation only is the Penalty to the Fact, the Trespassee becomes not only reinvested in his Property, but makes a considerble advantage of the Injury. The Restitution reaching to a double Retribution, when the Property was taken in the custody of the Trespassor, when alienated extending to a Quadruple or a Quintuple compensation, So that every Member of a Civil Society is not only hereby animated to a vigilant Circumspecti­on for the Preservation, but the Improvement also of his Property, which intentive Caution becomes remissly abated in a supine neglect, where the possession seems fortified under the severity of a Criminel Infliction.

To which conclusion may possibly be alledg'd; that Tres­passes of this Nature are seldome perpetrated but by persons of a desperate Fortune, who are incapable of other Reparati­on than a Corporal Infliction.

The Objection passing for Receivable, may probably on a more exact Inquisition, fortifie the former Assention. When we shall duely consider, that who flie from a certain existence by Industry, to acquire an uncertain Livelihood by the daily hazard of their Lives, will, questionless with greater Terror, resent the rigorous Imposition of their Hands, then the Mo­mentary Interception of their Breath. They only become indulgent to Life, who daily taste of the indulgences of Life. It being frequently observed among Licencious, desperate, and deboist People, that the Innocent, for a petty Salary, will cast the fatal Lot imposed on the Criminel.

Perhaps in the Propriety of the Rule may yet appear a farther difficulty. How restitution should really be exacted, where nothing can visibly be Leavied. The Sacred Prescrip­tion answer [...] the Objection, He shall be sold for his Theft; but [Page 157] such Impropriety may be alledg'd in Christian Practice not so warrantable: Nor was it so under the former Institution, but with limitation of time, which not reaching the value of the Trespass, in the Term prescribed, might probably become renewed, though not explicitely implyed in the Letter. It may also fall under some Ambiguity; what advantage should be acquir'd from the imployment of Persons so improper for a Trust, and so unapt for Labor. As to the former Instance, we may grant them utterly excluded such capacity; and the Latter may be concluded Fruitless, without the high severity of their Keepers, which aggravated either by the Avarice of the One, or the stubborn remissness of the Other, may some­time probably extend unto a Breach in our Humanity. In which respect alone tis probable the use of slaves have so long been ('mong civiliz'd Nations) quite abolished. But the Imposi­tion equally remitted to the vigilance of the Iusticiary Pow­er may probably meet an Institution more approveable, which being appropriated to the advantage of our Foreign Plantati­ons. The Civil Frame would not only be discharged of a pre­judicial and superfluous Burden, but reap a common Benefit from their impulsive Industry.

XLII. Injurie.

UNder the Latitude of this Subject is formed the Dimen­sion of every Trespass. But what Rule should lead us to the Definition of Her Nature; is not clearly obvious.

Custome and common usage have made prepostrous Incur­sions on the Rights of Nature; and no Civil Authority so ex­actly refined, but oversway'd by Mans common corruption, wilfully digresseth from her Principles, though the Sacred Pre­scription hath visibly rais'd her Institution on That Moddel, what ever you would that others should do unto you, the same do you unto them; from whence we may safely conclude, that whatso­ever we do unto Others, we would not have done to our selves, is an unquestionable Trespass justiciable by an Ordinance se­cretly recorded within our proper Brest, whatever in Repug­nance may proceed from the Result of humane Institution, we must appeal to this high Tribunal. Not only to restrain us from the Prejudice of others Interest, but also in the Legal Prosecu­tion of our own, to leniate and allay the rigor of Decrees, en­acted to suppress our growing Evils. Whose Execution else might possibly subvert the Nature of a Civil Institution, Insist­ing on extreams of Right to render Right injurious. But though every man hath a competent Impression of this Light [Page 158] to guide him perfectly in the Decision of his Rights, yet few men have Integrity to follow it. Avarice and Animosity, both furiously persue and passionately embrace the heaviest Imposition can be warranted by Authority; so that it will be very material to the useful Ministry of a Civil Jurisdiction, not to yield up Her sword without Reserve to any, though the ground exacting It, be never so considerable, lest a vindi­ctive Fury should press the Consequence to the Subversion of a joynt Associate. The severity of the Letter, being consti­tuted to suppress an Evil, more by Awe then Act. In which respect, it will be highly necessary, in reference to the Tres­passer, to distinguish of the Manner of the Trespass, whither voluntary or Casual, though the Civil Jurisdiction adhering on­ly to the Matter, do make no difference in their Nature. For­asmuch, as Trespasses, under the First distinction, may justly merit the severest penaltie, clearly figuring a presumptuous disbanding from the Civil union in an insolent infringement of the publick Peace, whereas Trespasses, under the latter Di­stinction, removed from the Intention of the will, meeting a plausible Reparation in a voluntary Restitution become not, un­der a Civil Permission, justly Actionable, nor must we so strict­ly adhere to the First Circumstance of the Fact, as to neglect the Latter. Since either making a Retraction from the Proce­dure, may possibly change the Quality of the Distinction, what being voluntarily commenced, in the timely Reluctance of the will, becoming as receivable, as the Casual. And what Casu­ally produced, maintained in an obstinate opposition, becoming as insupportable, as the voluntary, which Di­stinction seems implicitly enfolded in the Imposition of the Sacred Letter, where the reparation of every Trespass extend­ing to a Fifth part more then the Trespass, was the highest Esti­mate to a voluntary Restitution; but where the Trespass was so perversely defended, as to be brought to a Iusticiary Audi­ence, the Reparation instituted, was double the value of the Trespass.

Subsequent to this Distinction in a Civil Trespass, is that infrequent usage, which our Practitioners reduce under Real and Personal Actions. The Real properly taken, issue from some Breach of Contract formed under Speciality, and recei­ving such Distinction, in reference only to the Extent of the en­gagement, which passeth to the Real Possession of the deceas­ed Trespassor, though legally remov'd to his succession. The Personal hath simply an Adherence to the Person of the Tres­passor, without collateral Reference to his Succession or Succes­sors, and properly doth terminate with Him But as the In­tention of the First Distinction becomes too often frustrated by [Page 159] the fraudulent mixtures of sundry Interests collaterally consistant with the Trespassors. So the Latter may seem not altogether properly so limited; in respect the Trespassor deceasing, e're the Agitation of the Trespass is determined, the Trespassee is to­tally left void of reparation, though the advantage of the Tres­pass be possibly translated on the Successor of the Trespassor; to the no small impropriety in a Civil Institution.

A Personal Trespass may sometime possibly fall under the in­fringement of a special Contract, where usually the Letter lends a Rule unto the Law; but falling under the omission of a verbal Covenant, the weight thereof may reach too high a Consequence, to lend it an exact Decision from auricular proof; Insomuch, as the Principles have not waded into so mature a consideration, as to become exactly understood to one another, much less unto an unadvising Auditory, who ea­sily become diverted from a Subject, wherein they totally should be disinteressed, to render thereof an Authentique Evi­dence.

Having thus far made Inspection into the General Nature of a Civil Trespass, we farther in particular will advise of the Extent thereof, in Reference to each peculiar Property, inhe­rent to a Civil usage.

The Dignity of a Family materially consisting in the Ho­nour of the Wife, we properly may First reflect on such As­persions as tend unjustly to defame her Conjugal Fidelity. Not only in respect of future blemishes, may thereby be transferr'd on her succession, to a lasting prejudice: but also in Regard the present welfare of this Civil unity, chiefly depending on their mutual Love, is thereby shoke, if not subverted in the ensueing breaches of undermining Jealousies, which often­times break forth in Tragique Issues; so that it will become highly material to the safeguard of a Civil union, that the Ci­vil Iudicature should make a considerable defence against so important a Disorder: not to the suppressing of such scandals as are implyed only under the strict Notes of their Formali­ties; but such licencious Imputations also as become shadow­ed with artificial and disguised Glosses, extending to oppro­brious terms of Infamy, though such general Notes of Oblo­quy, may pass as unimpeachable, seeming but to figure an unadvised passion; no purposed design of Malice, in respect, that if ev'ry such momentary distemper of the Mind might lend our Frailty such a Priviledge, no mischief but would find a shelter under such Protection: and though the Civil Judi­cature should impute it but an Act of Passion; the common Auditory will scarcely so interpret it, in whose censure alone, the Fact becomes injurious and impeachable.

[Page 160]Farthermore, the Civil Jurisdiction declining in the Proce­dure, the protection of the innocent in a plausible satisfacti­on, exasperates the fury of incensed Parties to prosecute a Reparation of their own Election, which frequently extend­ing to a deplorable Issue, reverts the Guilt upon the Civil Fa­culty; whose remiss Institution had lent Licenciousness to the fomenting of so high Disorders.

This scandalous Imputation extending to a Criminel Im­peachment (according to the Constitution of divers Civil Jurisdictions) may farther justly meet an Attribute of a high­er Nature then a Civil Trespass: although most Laws have (under such a Reference in their censure, not visibly implyed such Distinction. Where the Charge is so invectively insist­ed on, that the Life of the Innocent becomes cast into a doubtful ballance. To warrant the assertion Regular; we shall need to insert no farther proof, then what we may collect from Sacred Practises, as the Prophets Imposition on Susanna's malicious Prosecutors. So likewise other Trespasses of Defa­mation reaching to a Criminel Impeachment (though inef­fectualy succeeding in the Prosecution) incurr equivalent In­fliction, though perhaps it may be instanced, that Laws have in the weight of each Transaction, no other Object to direct their course, then the Result of those occurrents onely fall in Act, without reflection on the Intentional, which rarely are discoverable.

In answer to the Objection is reply'd. That every general Axiome of such Dignity, to become proper to so considera­ble a Structure, ought to have such Solidity in the Position, that every Branch Thereof should also thereto become Regular. But the true Efficacie of this Rule hath but uncertain Tenure. As we may visibly inferr on Acts of Slaughter. Where the Fact becomes distinguishable in her Nature, only by such Circum­stance, as may give Light to the Intention. And in matter of Treason, where the intention only (without any reference to the Fact) becomes impeachable.

But where such Defamation extending to a Criminel Im­peachment is legally not prosecuted. The Nature thereof que­stionless, may properly be distinguished within the Limits of a Civil Trespass.

Farthermore, Since all Acts of Defamation are no other ways Actionable, then as they may become prejudicial to Life or Livelihood. We may here also reflect on the Capacity of the Wife in reference to a Civil Function, which sometime, possibly, may be divided from the Husbands Commerce. And in As­persions should impeach the Fame in Civil Rules may bear an equal weight, as if she were the Principle. But where the Im­putation [Page 161] can visibly extend to neither Life nor Livelihood, the Trespass may more properly fall under Regulation of the Moral Censor.

The Sacred Letter intimates a Trespass in Reference to our present Subject, not so exactly visited under the Constitution of most Laws, on casual Mischances, which in Disorders of others, happen to women with Childe, to the Destruction of their Fruit, where the Punishment was at discretion of the Hus­band, and the Fine under Censure of the Judge.

Whether▪ in the voluntary separation of the Wife from her Husband, the Suggestors and Coadjutors become liable to a Civil Trespass, may possibly sometime meet Exception, where the fury of the Husband is so violently pursu'd, That the safety of her Person is visibly endangered, and that the manner there­of be no farther protracted, then the Civil Magistrate may be truly informed of the Disorder; Insomuch as every Member of the Civil Union is on every occasion obliged to become assistant to the Publick Peace, but where the Opposition is continued, without Remonstrance, or Allowance of the Civil Rule, the Procedure is Civilly Impeachable, under what Relation soever it be shadowed: All other Trespasses extending to the Infringe­ment of the Civil Order, are only common to the Wife, with other Persons of the Civil Frame, however Qualified.

Nor can the Dignity of a Family be intirely preserved in the safeguard of the Conjugal Reputation, were the Constitution of the Law herein never so exactly constituted, where the tran­slation is not supported in a Regular adherence to the succession: In which Respect, we must here Reflect upon such Trespasses as have a Reference to the Interest of the Father under the Relati­on of a Childe; who frequently are seduced to their Infamy and Ruine, and the irrepairable Discomfort of the Parents: And although the mutual Agreement of the Parties herein transact­ing may seem to take away the Nature of the Trespass transact­ed, in Reference to the Interest of the Principle peculiarly here­in concern'd, Volenti non fit injuria. Yet in Regard the Incl na­tion of the Seduc'd is usually too fraudulently acquir'd to lend the Procedure such a Priviledge, where solemn vows and Im­precations are the preface to pretended Contracts; which want­ing other Evidence then the Interessed, the Infirmity of the cre­dulous is betray'd to common Infamy: on which Credible Suppositions, the Civil Law erecteth a positive Institution, ex­acting for Reparation to the Abuse, a competent Dow'r to the deluded party. And in reference to the Parents Interest, de­pending on the Consequence (The will of the Childe being ac­cording to the Rights of Nature, on which the Civil is erected, but subordinate to the Parents Direction) Were the Fact first [Page 162] qualified with all due rights of Honour, not reaching a Paternal Priviledge. The Attempt in reference only to his Dammage falls under a Criminel Infliction; the weight of which Prescri­ption seems implicitly enfolded in the Sacred Letter, where the Trespassor was not only enjoyn'd to Marry the Seduced, but to give the Father also Satisfaction for the Trespass: Insomuch as the Father may probably pursue other Advantages in the Alli­ance of his Childe for the Honour, Support, and Advance­ment of his Family then visibly is distinguishable: Besides the Comfort and Delight might Issue from the satisfaction of his proper Choice, in an agreeable Succession: whereas other sir­rupticious Proceedings tending to sinister Purposes, prove fre­quently the destruction of the Childe, and a lasting grievance to the Family.

Servants hold usually their Adherence to their Masters Inte­rest under a special Contract, and can, without their License, not equitably be sequestred from their personal Devoyr, under the Authority of what Relation soever, except the Publick: in which all private Interests, but collaterally involv'd, may pos­sibly receed to such Injunction. Yet to preserve the Dignity of the use, it were material, that it should legally be exacted, but as the latest Remedy unto the highest Exigents, in favour of the Civil Commerce, the chiefest Column that supports a Civil Union.

Such Sequestration may also be considered, as voluntary, or Impulsive. If the Act proceed from the mutual concurrence of the Servants will, with any others, shall retain him from his Masters use. Both parties may therein joyntly or severally be­come Trespassors.

Nor is it yet improbable, but that a Servant oftentimes may be suspended or Restrained from his Masters use Impulsively, where others violence shall either Intercept his Industry, or actually disable him from his Imployment; in which the Repa­ration justly may exact a double Penalty, in Reference to the In­terest of the Principal and the Collateral, as also to the satisfacti­on of such Breaches may ensue thereon unto the Common Peace.

Whether the Master in Correction of his Servant, disabling him from present use, become liable to a Trespass, in Reference to his suffering, is not exacly obvious, in that the Servants In­dustry is but the Masters Benefit: Yet nevertheless the Sacred Letter seems to imply a compensation to his prejudice, Equivo­lent to his Service, extending to Privation of a Part, though in­considerable, perhaps but to restrain the fury of the incensed, in Authority, by his proper Interest: But where such disability inflicted shall extend the tearm of Servitude, the Trespass is in­dubitable.

[Page 163]On what ground the Female Servant is enfranchis'd from her Contract, on Transaction of her Nuptials, under the favour of some Laws, is a difficulty not easie to unfold. If the Pri­viledge be authoris'd from the Publique Benefit, may proba­bly ensue the change of her Condition, in the advantage of a useful Succession; the consequence can take no weight from the distinction of her Sex. In that the Male excluded from the grant of such a Priviledge, is equally endued with the same capacity; so that the Procedure must be admitted to­tally inscrutable, or partially inequitable.

Under the distinction of Office, may properly be imply'd the Nature of our Civil Faculty or Function, which either Publique or Private is sundry ways impeachable in a common Prejudice. The highest and most visible subvertors of our Interest in this Proper­ty, are such Disparagements or Imputations, as may infringe our credit in the Ability or Integrity of our Civil Faculty, on which especially depend our Livelihood. Nor can peculiar Interests be herein secur'd, without the Circumspection be assign'd by Civil Ordinance, to such Principles may regulate the Order of their Faculty. Admitting secluding or suspending from their Practises, as the Capacity or Comportment of the Pretenders or Associates may usefully exact, lest promiscuous Intrusion might vilifie, corrupt, or otherwise impeach the Intercouse of Commerce; of which Nature unpractised Novitiates may be in­stanced, who not attaining the perfection of their Faculty, In­fringe the Dignity and use thereof, should render it to advan­tage more communicable. In which obstruction also to the common Benefit, may also be annexed Foreigners, who with adulterate Glosses, new Appearances, and strange Varieties possess the vulgar (incompotent to judge) in credit with their loud sufficiency, that the most skilful in their Faculty, become totally declin'd in their approved Ministry. And the whole Society discouraged in their undertaking, not only to the Pri­vate but the Publique Prejudice.

All the succeeding Adherents to a Civil Interest, House, Lands, Goods and Chattels may properly in reference to our present Subject be reduced under One and the same Forme of Discussion. Since they fall under one common Capacity of Dammage which taking yet Original from distinct Principles may joyntly (with like reference to such Order) receive their Agitation: every Civil Trespass, in Relation to the Last inserted Properties; issueing either from some former Contract, Trust, Intrusion, or Casualty. Contracts are either Special or Verbal; the speci­al pass under intimation of the Letter; the Verbal take Di­stinction from the Intention of the Word. Both in a clear and warrantable Testimonie, fall under One and the same common [Page 164] Estimate, though the Latter seem usually derived from an un­advised and irregular Proceeding, much subject to Corrupti­on, nor usually extending a Personal engagement. The For­mer, more maturely transacted, is with more Difficulty retract­ed, and usually conveigh their force to a successive Inherency; Both in their distinct Notion (as formerly imply'd) lend Rules unto the Law. Yet with this Limitation, that the Con­tents thereof, become no way repugnant to any one Prescri­ption of the Law. No private Act being Legally receiveable, which tendeth to infringe a general decree. Our Laws extract the weight of such an Introduction only from the publique Interest; as in disanulling Private Acts intending to conveigh Possessions, that are Real, when wanting such or such Forma­lities. The Civil Law more frequently forms an exception to the Procedure, in reference only to the Private Interest. As in Repeal of Private Acts are constituted to pass away E­states are real, under such or such Proportion to their value: or, in Redemption to transfer Them to Proximity.

In which Respect, it will be highly necessary to the exact security of our common Interest, that they might be passed un­der such Remonstrances as might not only lend them a clear Authentique and insubvertible sense in the Letter, to conveigh the intention of the Act, under Allowance of the Civil Power, we might be freed from the Imposturie of Schicaneurs, Sedi­tious vermine to a Common welfare, and reproachful Impeach­ers of the Dignity of the Law. But also to remove all obsta­cles might frustrate the Fruition of the Right Tranfacted. The Law must else in the Permission, but make work for her Mi­nisters, leaving an entrance to such Trespasses, may possibly not fall within capacity of Reparation, which more effectually cannot be constituted, then under Publique Register, as an ex­act Recognisance, where every contract might take place ac­cording to Precedence of their Introduction, without distin­ction of their Nature, in reference to a Priviledge in their Or­der, might lend them weight to supercede each other. No con­ditional contract under limitation of Time suspended longer from a Legal Issue, then the usual Term of their Prescripti­on, lest any One might interpose Anothers Prosecution. So should the Inception of every Contract be void of Error; and the Issue free from Circumvention, which shadowed of­tentimes with other specious Forms of surety involve us in a certain Deffidence in every Transaction, from which no Cau­tion can deliver us.

Such Forms of special Contract, falling under a visible Di­stinction of Trust, may also usefully be removed from the sha­dow of sinister Practises under Regulation of the Former Me­thod; [Page 165] whose Nature, Use and Difference, having sufficiently (in Reference to the Capacity of our Treatise) been enlight­ned in the Discussion of another Principle, we will omit here farther to insist upon.

Acts of Intrusion, depending only on the Will, seem to take on a Nature of Infringement, in our common Right, too re­missly treated under so favourable a Distinction, as a Civil Tres­pass. Though tending but to the subversion of a Private In­terest. Insomuch as the Civil Order is infringed also in the Procedure; which otherwise is so jealous of incroachments on her Rights, that we are thereby interdicted to assume our proper Goods in the possession of another; though visibly never so injuriously detain'd, but under Form of her Prescrip­tion: much less not on our own Presumption, to be invested with Anothers Property; which Institution is directed to a con­siderable use in the composure of the Civil Union, whose Con­sequence might else meet Acts of such Hostility, as possibly might shake the structure of the Civil Frame. In which Re­spect, our present Forms of Conjectural Ejectment, are happily, of late, admitted to a Legal Procedure in the Decision of a Title.

As Trespasses of Intrusion are by the Civil Jurisdiction of­ten censur'd too indulgently; so Trespasses of Casualty are some­time by the Law too rigorously persu'd, where the joynt in­terest of the Trespassor is equally involved in the Accident, as in common Damage by Fire, which may possibly seem equaly impos'd on Him, that was the first visible Motive to the Acci­dent, in that under the severity of such an Ordinance, we should become more vigilant to avoid occasion might mini­ster unto so dangerous an Event. Yet nevertheless, in re­gard, the most advised sometime may incurr the Casualty, in which his proper Interest being sufficient evidence to clear him of Neglect; the publique Interest might more plausibly su­stain the Damage; which only is endued with Capacity to stop the Issue of such violent Erruptions.

XLIII. Oppression.

UNder the common Influence of this Principle, may pro­bably be imply'd, all the Calamities can tend to the subversion of a Civil Society. Nor can an Evil to the sense be Figured from the severest Menaces of Heav'n, whose Extra­ction may not arise from this Original, either, as a Judgement to It, or as a Judgement in It, That may be figured in Aegypts Misery, This in Iuries Captivity. Oppression being the com­mon [Page 166] Pretence to every Insurrection 'gainst the Civil Power; in whose Suppression frequently is urged a necessity to impose It. So that in reference to our mutual Interest with the Magistra­cy, united or divided. It will be equally requisite, that the Civil Power be not too rigorous to exact, nor the Subject too scrupulous to suffer. We need not to insert a farther proof to lend more weight to the Position, then what we may extract from the Commencement of our late Disorders. In which con­sequence the Transactors were enforced to persue extravagant encroachments on our Liberty, attempting to secure success­ful Mischief in Impunity. But to lend a clearer evidence to the Assertion, it will be useful truly to distinguish of the Nature of our Subject, which thus may properly become enlightned. Op­pressio est, quicquid sub forma Iuris, ultra Iuris Praescriptionem, ad existendi Difficultatem à nobis Exigitur. Whatsoever is exact­ed from us under the form of Right, beyond the Prescription of Right, to reduce us to a difficulty of existence. Which Exposi­tion erected on a Form of Right may possibly seem limited within the Faculty of a distinct Iurisdiction. In that, the Insti­tution of Right is properly peculiar only to a Civil Power sub­ordinate to none. Yet in respect the general Quality of Right extendeth to a vaster Latitude then a Civil Prescription, as we may perfectly discover in the Rights of Nature and of Nations.

The First, distinguisht in Humanity, the Latter rais'd on Customary Forms. The Nature of our Subject may extend to such Acts of Hostility, as are imposed on us by a foreign Power beyond the Rules of their Prescription. Yet since it falls not in Capacity of a Civil Jurisdiction to regulate the Consequence of such Disasters, more then in a timely Circumspection to di­vert, oppose, or otherwise prevent the Incursion of an Enemy, which being a Subject more properly inherent to the Foreign or Exterior Object of our Minister, we will remit to Treat thereof in our premised Order, Insisting here to take a view on the Di­stinction of our Subject in Reference onely to the National or Interior use of our Community.

In persuit of our Proposition; having extracted the Nature of our Subject from a Dependence of Right. Which Faculty peculiarly inherent to the Capacity of the Civil Ministry, ei­ther in Permission or Commission; either Allowance or Pre­scription. The weight of this our Argument may seem only to rest on the Ballance of the Publique Faculty. Yet since from the same general Influence of Right is derived a Faculty in Right, distinctly inherent to every Member of the Civil frame, we severally may reflect on their Transactions in or­der to the Parts of our Distinction.

Farthermore, from the ensueing Branches of our Distincti­on, [Page 167] may possibly be inferr'd, That the Nature of our Subject, plac'd under a forme of Right extending the Prescription of Right, doth not only require the Authority of the Civil Iurisdiction to lend It such an Attribute, under the Influence of whose Rules, Right only is distinguishable. But in such Ordinance Prescribed, may seem to take away the Matter, in the Circum­stance, should qualifie the Nature of our Subject▪ since the ex­action, should pass the Bounds of such Prescription▪ doth fall with­in the Limits of a Civil Rule: In which conclusion would arise an impropriety not feisable. That the true Nature of Oppressi­on, so figured, can neither be consistent with a Civil Instituti­on, nor without It. To remove a pretence to the exception, we may infer, That every perfect Ordinance in a Civil Rule is not only formed under Circumscription of a Divine and Natural Institution, but in the Object of Her proper Constitution (our common Welfare) establisheth a Rule, but truly qualifies her Nature: so that to infringe that Order should sustain her Stru­cture, or to digress from the Intention of her proper work in the Contexture of her own Injunctions may properly imply what is inferr'd in our Distinction. To exact that of us under a Form of Right, which is beyond a due Prescription of Right. Nor can It be consistant with the Nature of a Civil Regence, under a form of Right, to exact without Prescription, since in such Procedure, the Civil Power casts off the Ornament of her Investure, to take on those, are only proper to Hostility. So work a certain dissolution in her Frame.

Whether a Customary Right extending to a Civil Prescripti­on should bear an equal weight in our Distinction, may meet a high perplexity in the Decision, since every Customary Right within their Circumscription becomes equivolent to a Civil Ordinance, under Tuition of the Civil Suffrage, though total­ly repugnant to the Constitution of her general Order. An im­propriety scarce receivable in a Civil usage. That the Influence of a Decree should neither move equally nor universally to every part of like Capacity, to discover the ground of such a Priviledge, were not of little moment to the rational Establish­ment of a Civil Institution. In persuit of the enlightning may be inferr'd, that her admittance to a Civil Allowance may pos­sibly meet divers Occurrents scarce obvious to the nicest obser­vation, involv'd in the obscurity of many Circumstances are lost in the Elapse of Time, and sundry changes. The most vi­sible and frequent may take original from these Particulars, Circumvention, Opposition, Improvement, or Necessity.

Under the first Intimation, the Gibeonites frustrated the Or­dinance of the invading Israelites, in shadow of a Covenant, but syrupticiously acquir'd; whose subtlety, nevertheless, met [Page 168] but the Imposition of a slavery, To be Hewers of Stone, and Bear­ers of Water. In Reference to the Second, may be instanc't the Kentish Immunity, freed from a Civil Prescription, in Attach­ment of the Conqueror; which grant was nevertheless signed with the Blood of the Conspirators, under the Reward of Trea­son. The two former Occurrents, transacted impulsively, or beyond the Intention of the Civil Iurisdiction, can equally not be charg'd on her Account, more then in the Immaturity of Consultation, which not impowr'd to recede from the Injun­ction of her proper Act, without Impeachment to her Dignity may justly enterpose a Penalty to Counterpoise the Fraud or Violence, and execute the Incroachers on her Rights in a signal Infliction, invested with the Rights of so singular an Im­munity.

The two Latter Inducements may plead a more plausible Re­ception to their Establishment, pretending only to the Advan­tage of the Civil Frame: As in the Publick Devastations of Towns, Cities, or Harbours, by eminent Disaster. The Civil Jurisdiction sometime is enforced to invite Recourse of Forreign­ers, to re-edifie and re-populate such Scituations, with the Ad­vantage of some new Immunities, peculiar to their Habitations. So on urgency of Affairs, where Receipts of Commerce, Ports, Harbours, Places of Defence, are on the Borders of a Civil Circumscription, peculiarly erected for the common Safe­ty or Encouragement of Trade. Immunities are often granted by the Civil Power for the Advantage of the Common Welfare in a plausible Institution. But where the cause of such Establish­ment shall cease, or where no Ground for such a Priviledge can be suggested; but the Inherents of equivolent Capacity with any other of their joynt Associates in the Civil Frame. Such Graces are unequally enlarged or continued under Allowance of a Civil Institution, in that those singular Advantages may fre­quently impeach a common Interest, either in Opposition, Di­version, Interception, Obstruction, or Impediment in a common Procedure or Commerce, or other Civil Transaction.

Having made Inspection into some Parts of our Distinction, we will assume the overture of the Sequel, to which alone the Induction holdeth Reference; since whatsoever is Exacted un­der Form of Right, and beyond the Prescription of Right, must also be extended to the Prejudice of our Existence. To intimate the Nature proper to our Subject, the burden must be heavy, under whose support a man is forc't to stagger. Nor is the bur­den judged by the weight. but by their Faculty on whom It is imposed, which yet more clearly to discover, it will be requisite here farther to imply how far the Bounds of such a Difficulty in Existence, as is figured may really extend. In order to the In­quisition, [Page 169] we may infer a double Faculty inherent to Existence, the Natural and the Civil; and though there may appear too vast a Latitude between their Exigents, to cast them Both into one common consequence: yet since they have so inseparable a Dependence on each other, that the continued Breaches in the one, are but infallible Progressions to the Ruine of the other. We may admit them to an equal Perpensation in their several Distinctions.

The Natural Existence falls under a prescription of Humani­ty, not only, not to impair, but to secure. And though the Civil Power seem frequently to cast restraint upon her Imposi­tions, in reference to the Incapacity of our primitive support, (whereon her Fabrick is erected) without reflection on the Latter, plac't in the Constitution of Her Frame. Yet the Concession is­sues at so wilde a Distance, that the relief may rather figure Re­medies applied to a dying man, then timely Comforts to secure the living, desisting rather to exact from whence naught can be levied, then at a farther Distance to forbear in Apprehension of a future Exigence. To form the Institution more considerably adjutive to our frail Composure, such Exigents fall under the Tuition of the Civil Ministry, as passive Breaches in her proper structure, who should fore-run the Incidents in a timely Preven­tion, either in an useful Imployment, or in a considerable sup­port, agreeing to their proper and distinct capacities. The Ob­ject of a civil Institution being to improve our Natural Condi­tion, not to abandon us in such Extreams, might thrust us on a Savage Procedure, but to sustain our Frailty, when Natures Store becomes sequestred from our use by Her Prescription; so that the urgency of our Being must now of Necessity, fall un­der a Civil Distinction, which may properly be limited in Order, Decency, and Sufficience: Under the Prescription of the First, to avoid Confusion; under the Second, Reproach; under the Third, Indigence: And though the two Former Dimensions appear of little Moment in Competition with the Latter, yet duly examin'd from their Dependents only are deriv'd the very Essence of a Civil Constitution, which is not plac't in those osten­tive Investures, that seem to claim the Homages of Honour from a vulgar Sense: But what may free us from the insulting scorn of others, and our own dejecting Inconveniences; Improprieties are truly inconsistent with the Nature of a Civil Association, which requireth a due concinety of Parts to the Establishment of an exact Community: So that the Civil Indulgence will be of little Efficacy to the Security of our common Properties, if to­tally abandoned to the unequal Advantages of one another, when necessity shall urge submission: The highest Tyrant in a Civil Transaction, which the Civil Iurisdiction weigheth not, [Page 170] as passing under warrant of our proper will, though oftentimes not in Capacity of a free Election, bound in the Fetters of more pressing Evils, With such Advantage Jacob wrought on his Bro­thers extremity, to supplant him in his Birth-Right: which Practice is so far become a general Habit in the Civil Frame, that common observation justly hath entitled us but Wolves to one Another: so that the most considerable Relief can be expe­cted from the Civil Power, in Reference to such Grievances, is to secure us from the mutual Rapine of one another.

Publick Exigents may sometime possibly require high Imposi­tions for our common safety, beyond the visible Prescription of the Civil Institution, either in Measure, Matter, or Manner of their Levies, which closing in a more advantagious Restitu­tion, then any Civil Commerce can pretend to. The Blemish of the Procedure will easily be avoided, and form of each mans Private Store a Publick Treasury. Such is the present Practice of the most advised Venet. Society in Civil Rule, to exact without a Legal Formality beyond a private Capacity, or with­out a Publick urgency, were but to make so sensible a Fracture in her proper Frame, as possibly might leave Her destitute of Aid in times of highest Exigence, rendring Her Members un­willing, unable, or destrustive: So that we may conclude, with the Dignity and credit of the Civil Power is form'd Her pro­per safeguard, secured by the mutual Interest of Her Parts: From which Consequence we may collect, how materially It conduceth to our Common Welfare, that the Civil Power should make a nice Inspection into the Agitation of Her Mini­sters, of what Nature soever; since acting under Her Autho­rity, their Indirect Proceeding should attract a common Disaf­fection to their Principle, the extent of their Commission not so exactly visible in every Circumstance, under which shelter Mans innate Corruption is fomented to licentious Practises.

To the Restraint of such attempts may possibly be inferr'd, The Ordinance of the Civil Jurisdiction in Reference to such a Procedure, under Distinction of Extortion; in which the Inten­tion of the Institution might probably attain an useful Remedy, were the Procedure more clear, the Penalty and the Reparation more considerable. But the Remonstrance becomes usually ob­scured, if not smothered, under the unequal Interests of the Mannagers. The Amercement meerly formal, or of little Mo­ment; and the Reparation scarcely worth the owning: So that the Trouble, Opposition, and Charge of the Persuit distinguished before the Prosecution is commenc't, will hardly finde a rational undertaker (unarmed of Revenge) fondly so much to wound himself in Prejudice of another: Nor were it much material, were the Laws yet herein more severe, or far more strictly put [Page 171] in execution, since every shallow apprehension can avoid the Attainture of the Letter, in a disguised Procedure, turning their Guilt not seldom on the Sufferer, 'gainst which evasion the Civil Power not cautious to secure Her Purposes, frustrates the Intention of Her Institution: For Proof to the Position, omitting to insert secret Gratuities, oblick Covenants, and usual Brocages for common Loans beyond a Legal Estimate of usury. Is it not a prodigious Inconvenience in Civil Rule, that what the Civil Ordinance hath under Penalty confined to eight per centum, should Publickly, and with Impunity extend to thirty, forty, fifty per cent. at a common Broakers, but sheltered in the abstruse Distinction of the Letter, which limits the Transaction only to specifick Matter, no general Act of Commerce: where­as the perfect Nature of Extortion consisteth in excess of Lucre, raised on Another's Exigence, under what Form soever the Subject of Advantage is Communicable. Money, Goods, Lands, or any other vendible Commodity. Nor can it be exacted from a Rational Agreement, except the Party so assenting were thereto prest by urgency of Affairs, to avoid a higher Inconve­nience: So that the weight of such a Procedure falls only on the weaker Vessel; who rather might (as a Religious Priviledge) claim the Protection of the Civil Power. In this Currant runs every irregular Acquisition in the Civil Texture, whether it have Reference to the Inherents of Her Ministry, Publick Com­merce, or other Private Transaction. Custom having digested the Practice to a form of Right, as may be instanc't in Officiates, where it sufficeth not to the success of our Affairs, to render Publick Agents their prescribed Fees; but their Remissness there to will require their Rights of Expedition, Circumspection, and those of Circumvention too: essential Gratuities must make return unto disguis'd Civilities, and no one thinks he hath his due, without Addition made thereto. We underva­lue their Abilities, not answering to their Expectation; and setting not an equal estimate on our Affairs, fail thereby in our proper Interests.

Commerciants pass usually all Rules of Circumscription in this Licentiousness, meeting no Arbitration but the Will: Nor is the manner subject to a scruple, where all Advantages are held allowable, as a plausible Faculty to the improvement of their Interest. Nor is in Nature or in Civil Rules so nigh Re­lation found to lend Restraint to such a Procedure. Necessity casts us not only on Neglect, but on Inequity▪ Not prompts us only to abandon, but destroy. Each exigent in our Transacti­ons but exposing us to become a prey to one another.

Having thus Briefly searcht into the general Nature of our Subject, order requires, that we should next reflect particularly [Page 172] on the extent Thereof, in Reference to our several Properties, whose Security may likewise meet a useful Regulation under the same Advertisements, either as an Incident to Publick Order, or our own mutual Occurrents with one another. But since the Civil Ministry hath an Interest in the distinct Advantages of all her Parts; we may proceed to visit their Support, under the mannage of their proper Owners.

In which persuit, though It may seem an Impropriety in Ci­vil use, to take more care of us then we do of our selves: Yet in Respect the common good consisteth in the welfare of each Part, and that a Private Family is constituted of sundry Parts, not soly, nor yet alwayes, (in reference to each other) inherent only to the present owner. We may here farther weigh the use of such an Institution, not only exclusively, in Reference to the Subordinates, but Inclusively, in reference to our selves. Stating the Question under the Authority of Divine Prescripti­on, as an Indulgence to Nature, which Avarice might other­wise o'rethrow, insisting to exact beyond her Faculty. The se­venth day thou shalt do no labour, nor thy Sons, nor thy Daughters, nor thy Man—Servant, nor thy Maid-Servant, nor thy Oxe, nor thy Ass, &c. Which Injunction had not only Reference to a vacancy for Holy Duties, as visibly appeareth in the Nature of the Coherents improper and Incapable of such Intention; but was establish't to a Civil use, as more authentickly is prov'd in the exposition of the Institutor. Man was not made for the Sab­bath, but the Sabbath was made for Man. Nor did the Institution extend only to the rational and sensible Adherents, but likewise to the irrational and sensless. The Earth had her Sabbaths, and times of Rest. Nor yet in Reason can it be conjectur'd, that such Restraint on Civil Rights, should only have a Reference unto time. Many Occurrents happen in a Civil Transaction, to which we may allow an equal Priviledge, either in regard of the Indisposition of the Agent, the Impropriety of the Season, the Inaptitude of Materials, or the like: so that It may evidently appear, as necessary to the Establishment of our Common Wel­fare, that every part of the Civil Body should, in their several Constitutions, hold the same Analogy with the whole, as the whole should with Her Parts. The Regulation of the Civil Mi­nistry will otherwise prove but of little Moment to our common Security, if her Influence be retracted or obstructed from a per­fect Distribution to the smallest and remotest Vessels of her Frame. No man in Civil Rules hath o're himself so absolute a Power, as to dispose of his own person to the Publick Prejudice. A man may under the distinction of our Law prove Felone de Soy, as well as d'antry. And to a like capacity pass in the Cen­sure of an equal Penalty, much more may prove a Trespassor in [Page 173] the infringement of his proper Interest, where those of his Ad­herence collaterally are concern'd. The consequence may pos­sibly meet an opposition, in that none, under the distinction of a Civil Capacity, can be conjectur'd of so little sence, intenti­onally to prejudice, what visibly can only minister unto their support.

To which may be return'd, had every man the use of Rea­son free, as well in Act, as in Distinction, Civil Prescripti­ons were of little weight. But sundry passions so eclipse that Light, that we distinguish least in what concerns our selves, declining to insert the Allurements of the sense, as a Distemper subject to intermission and relax, but proper to the change and season of our Age. Other accidents, whose momentary Ac­cess, nevertheless, doth often make such Breaches in our Civil Constitution, that time nor industry can scarce repair: What may we then impute to the effects of those continual Feavors of the minde, Avarice and Ambition; whose Objects finde not a Prescription, but are increast and multiplyed in Fruition: In which our Faculties not suffering Lascitude, because unsatisfied, move by continuance more impetuously to the subversion of all Rights, Civil, Natural, or Divine: and though they seem to take on a Pretence to the Improvement of our Civil Interests; yet the Progressions are too violent and irregular to meet a hap­py issue, which frequently (on the necessity of Accidents) in­volve us to attempt beyond our Faculty unto our proper Ruine: So that the Circumspection of the Civil Power in our Trans­action, may prove as necessary to our proper safeguard, as the security of theirs depends on us. Nor can we properly pretend to a support from Institution of the Civil Ministry, on the mis­carriage of our purposes, if her Authority extend not to preside the regulation: Which Procedure may possibly seem to tye up our Actions in too strict a rule, usefully to agitate thereinto our Advantages or others. To take away the Ground to such a scruple, we may imply, the Intention of such Institution we propound, is only form'd to regulate Extreams, and keep the Current of the Civil Faculty from such extravagant Deborde­ments, might leave their Channel dry.

XLIV. Fire.

FIre, the most sudden and impetnous subvertor of a Civil Interest, being an Accident more susceptable of Preven­tion, then Suppression, may justly claim the nicest Circumspe­ction of the Civil Ministry, but since the Calamity may take original from divers Principles, we will reflect on the extent [Page 174] of their Particulars. The most signal and terrible Devastations by Fire, take their extraction often from Etherial Causes, where either Sulpherous or Bittuminous Matter by exhalation rarified, becomes in Motion or Concurrance of Superior Bo­dies suddenly enflam'd; such was the direful Termination of those Cities, whose high Impieties could find no Mediation. And though the event may be concluded to have been a Judgement sent from Heav'n; yet are the causes thereby no less manifest. His Providence that had so long restrain'd the effect, could have made void the Issue, under the like Di­stinction, and probably from like materials, though of a Gro­ser Quality, may be derived those Eruptions from the Entrails of the Earth, which undermine the Continent to the subver­sion of those Structures are thereon erected. The Causes of such Accidents not falling in Capacity of a Civil Regulati­on, more then in Removal of the Scituations, or Restraint of Licenciousness, we will not here insist upon. The object of our Purpose being more peculiarly to search into the Ground and Remedy of such Events, arising from our own immediate Acti­ons▪ though possibly, some of the Nature of the Latter Inti­mation may sometime wilfully or Casually proceed from hu­mane Malice or Neglect, as may be instanc'd from those visible Effects take Issue in such Mines, as are composed of combusta­ble Materials.

The most usual Causes and more proper to a Civil Regulati­on, are those coincident to our General Affairs, which are ei­ther Voluntary or Casual.

The Voluntary are either Hostile or Criminel. The Hostile may also meet a double Distinction, being either Foreign or In­testine. The Foreign have more properly a Reference to the Exterior Object of our Ministry. And under the Intention of such Order, may meet a happier Discussion. Whether the Inte­stine, may properly fall under the Rules of a Civil Prescrip­tion, may meet some Ambiguity, extracted from the omission of Her Procedure. Yet nevertheless, though the Litigious Multitude break forth the Limits of a Civil Power; yet are they no less subject to her Ordinance, which take Restraint from Execution, when Reduc'd; in reference only to the publique Detrement, which might ensue a Legal Prosecution, not from the due Demerrit of the Offenders; concluding, where the Criminels are more numerous, then the Innocents; It far more safe is to Remit then Prosecute. As to voluntary Acts arising from the private malice only of Incendaries, they justly may be cast into the Ballance of a Criminal Delinquence; How slight a Consequence soever the Issue may encounter; In reference only to the Publique Damage threatned in the At­tempt, [Page 175] nor can in equity the rigor of the Punishment frustrate the Intention of a Civil Reparation to the Trespass, the Edict will else remain defective in the chief object of Her Institution Cuique proprium reddere. Casual Occurrents of this Nature meet a double Object in their Regulation: Praevenire & Suprimere. To Prevent and to Suppress. The intention of the Former undertaking tendeth to make void the Event. The Latter but to moderate the Issue.

The Prevention consisteth chiefly in Position of the Fabrick. The Materials of the structure. The Separation of Coincidents. Or vigilance of the Familists.

The Position of the Fabrique hath reference only to the Primi­tive Erection of a Habitable Convention, whose structures be­ing disposed at convenient Distance from each other the Da­mage, on such Accidents doth frequently ensue their too nigh vicinnity might probably be avoided, not only in the preser­vation of adjacent Parts, by the Advantage of a vacant inter­position; but possibly in the timely suppression of the Errup­tion, where first it took original, lending a freer Access to a­bord the Place with a more speedy succour.

The Election of Materials proper to the Edifice conduceth much unto the safeguard of a structure from such Accidents. Nor was it without iust consideration, that Timber buildings were in our populous Receptacle lately inhibited by a special Order. In reference to their Aptitude more suddenly and more violently to minister to every slight occasion of this nature. Stone, is without doubt the most secure Defensive in a Fa­brique. And in default thereof, next Brick; but why the in­ward frame should be allowed of so little consequence, as to make no distinction of Materials: is not so clearly Evident, Since Furr, which falls most frequently in use compar'd to Oak is far more Subject to the Attainture of this Element.

Under the Separation of Coincidents may be imply'd, not only the sequestring of Receipts of Office are designed more peculiarly to the use of Fire from the Connexion or vi­cinity of the more Principal Receptacles of Commerce or Community Publique or Domestique. But the removal also of Materials from the approach of Fire, which in their proper Natures, are more apt insensibly to catch at the encounter. As Powder, Flax, Straw and the like Commodities: nor can those dreadful Accidents have lately hapned from such cause in our capital seat be sensibly reflected on without astonishment, that yet the Civil Power, gives way to those Transactions were visibly the ground to those Events, having such proof [...] to awake their Prevoyance, suff [...]ing the sayle of Powder to be made even in the Center of the most eminent confluence of the People.

[Page 176] The vigilance of the Familists may possibly meet a greater difficulty in Regulation of their Ministry, in reference to this Casualty. In regard the Trust thereof is frequently so remov'd from the Principel, that the Injunction cannot take effect, un­less the suffring Innocent become responsable for anothers Fault subordinate to his Rule. In which respect, whither exacted by Publique Imposition or Civil Caution; It will be highly neces­sary, that the owners eye preside the Circumspection, remo­ving from the Hands of his Domestiques every use of Fire on proper seasons for Retreats of Rest. Or in their Incapacity or Absence, to transact the Charge on such a Substitute, as may considerably be concerned in the miscarriage of his Trust, not to remit the care thereof to servile Mercinaries, which Pra­ctice may yet probably meet other advantagious uses in a pri­vate Family preventing such Disorders, as under nights ob­scurity and silence tend to purloin and dissipate their Masters Goods.

The First and most considerable means that may suppress these Accidents commenc'd, is timely to provide for their Discove­ry, which making usually more dangerous Incursions on the Retreats of night; Our Wards and Bellmen, if diligent in their Search, and more frequent in their Rounds, might herein meet a happy Institution.

The Second Remedy to stop the Fury of this Evil consist­eth in the readiness of Materials to extinguish or demolish. In reference to the Former use, our conceal'd currants pass many Streets in Pipes, if yet more generally design'd, might reach a high Propriety. As to other Instruments or Engines fit for ei­ther Purposes. All publique places of Receit in every Ward might with variety and store be furnisht at the common charge. For the Assistants to the work they usually on the outcry are too numerous to be truly useful; some flock to view the Spectacle, some for Booty, few for Action; so that in such confusion, the intended succour seldom is successful, in which respect it will be highly useful, that the Civil Power do consti­tute a general Regulator to the undertaking, with such Officiates have Judgement and Experience to manage the Direction.

XLV. Inundation.

UNder the Distinction of this Subject may be compris'd not only such Incursions of the Ocean as make encroach­ments on the Continent. But such Debordeurs also of the In­land Flouds, as meet not proper Channels to their Excursions Thither; and though some of this Nature frequently conduce [Page 177] to the fertility of the Soil; yet where they swell beyond the due capacity of their Currant insensibly or unseasonably; or where they lodge beyond a competent extent of Time; The weight of such Advantage will hardly countervail the Detre­ment; either in their sudden Destruction of Chattle surprised, in the Overflow. The loss of the Crop, or perversion of the true Nature of the Soil, rendring it less proper for encrease; by chilling of the Earth, or else unapt, deceitful, or unsound for Graysing. Nor can the Air be thereby free from some cor­ruption becoming often less Salubrious to the Borderers.

To avoid the Inconvenients, Damage or Disorder may a­rise from the irregular course of either Floud, falls not within Capacity of Particulars. The Aid must be more General to meet a happy Remedy, which ought not only to extend to Those in present are concern'd therein; but those in future also may be so. And since the exigence of the work exacts more diligence then common Rights do usually encounter, which always are but tooremissly prosecuted. The Civil Power must lend Authority and weight thereto by her Prescription.

To the expulsion of the Maritine Incursions. The Industry of our Neighborhood abroad may in their penible persuit lend us a happy Pattern to the undertaking. As they to us at home have to their own Advantage and to our Reproach, lent us a Proof to the Restriction of the Inland Floods. Nor is it only Practice or Necessity have made them happy in the Mistery; but their intire Conjunction of their Common Faculties to an assiduous perseverance in the work. For whether the Possessi­on be already lost, or only yet in danger to become so. The Common-wealth is euqally concerned with the Private Own­ers. So that every Purse and Hand, as to a common Preju­dice, ought to be ready to the Enterprize, directed to Reco­ver or Secure; which finished, the Restitution of the Charge might pass on the Account of the Proprietors. Particulars are usually not able, or not well intentioned to mannage with suc­cess the undertaking, persueing only their Advantage, not the Common good; so that the work thereby becoming or Protracted, or Imperfect, the Charge is oftentimes redoubled, e're the exact fruition is attain'd. The necessity and perfection of the work, is therefore proper only to the due Regulation of the Ci­vil Power. It will be requisite Her Substitutes (of due capacity to Judge, and full Authority to Execute) make frequent vi­sitations on such Parts, as are already damnified, or may be incident to the Casualty; whose censure thereof signified to the Proprietors, with Legal summons to consult with them theron. The urgency of the work and the extent of the Ex­pence (is with Integrity) to be duly ballanced with their Ca­pacity [Page 178] to the undertaking, which not extending their Ability. The work proportionably impos'd, may be remitted to their Industry, under such Rules of Direction and Limits of time, as may be held expedient to the Perfection and Advantage of the Enterprize. But where the Faculty of the Owners cannot reach the due Intention of the work; the Aid, whither of Men, Money or Materials, may be exacted by a Legal Or­dinance from the next Associates, extending to such Bounds, as may without much Inconvenience to the Adjutants, time­ly and exactly consumate the undertaking; which charge with due consideration may be reimburst from the Anual Revenue of the Secured or Recover'd Property in such Pro­portion, as may not much incumber the Proprietors in the Re­stitution. And though the expence of the work may some­time possibly exceed the value of the Land in question; yet is the undertaking for such Cause not to be abandoned; Not only, in that the Common-wealth becomes thereby deprived of a useful part unto Her Common Ministry. But in Respect the extent to future Damage, may thereby ensue, not clear­ly is distinguishable; either in the Expansion of the Flood be­yond Her vsual Bounds, in the recourse of other Streams not timely find their Issue. Or otherwise diverting Them unto a new Erruption on some other Place, was free from any such Incursion. Nor in Recovery of Possessions Lost, at such exces­five charge, as may extend their value, ought Alienation thereof to be made from the Proprietors, as an authentique Purchase to the Undertakers. But such advantage may in e­quity be granted Them therein, as Time may make a Repara­tion to the Accident. Whereas the work left totally (without Prescription) to the Owners Rule, though ne're so Able, Nu­merous or Unanimous, is generally so leasurely and so sparing­ly persu'd, that both their Cost and Industry tend only in Por­tracting, but to multiply their Damage, and transfer their misery to others. Designes of this Nature require Validity and Diligence to render them successful, who herein gripple are of their Expence and Time, do but betray their proper Interest.

XLVI. Excess.

THE Expulsion of this Principle, in Reference to the se­curity of our Civil Property, may on the first Inspection rather seem a Subject proper to the Regulation of a private Oeconomy, then of a Civil Ministry. And in the Order of posi­tion, more proper to improve then to secure our Civil Interest: Yet since we, through the Infirmity of our Nature, are become [Page 179] improper Guides to our affections, which frequently so far trans­port us to the Indulgence of the Sense, that no Extravagance can finde a Limit to Her Ministry, that, under flattery of our own esteem, prompt every one unequally to assume unto them­selves a higher Eminence in the Civil Order, then properly to them belong. Envy, Vanity, and Ambition fomenting still an Emulation in Excess to attract new Homagers to the exhausting of our Civil Faculty in an Impertinent, Ridiculous, and Profuse Expence: We justly may submit to the Prescription of the Civil Rule, to lend us more essential Ornaments to our Distin­ction, then what conduce but to Reproach and Ruine in their Improprieties. Nor is the Intention of our Order here infringed to reduce our Subject to one use, might more effectually pretend unto Another, since Both have their Reception under one Capa­city. Nor This but the Progression to the other.

How far the Nature of our Subject may extend it self in a clear and Rational Distinction, to lend a Rule to this our Agi­tation, may be extracted from the Inference, we formerly have inserted in the Discussion of a Civil Existence, which is not properly implyed by the bare support of Nature in a Savage manner. But in the Allowance unto every Part, a Regular and Decent Constitution, agreeing to the proper use, and true Ca­pacity of each Particular. Nor is It our Intention here to weigh the Nature of our Subject, as a vitious Habit in our Practises, which we have formerly remitted to the Regulation of the Mo­ral Censor. But as an Impropriety in the Civil Order destructive to our proper Interests.

What this Order should require in the Composure and Transaction of each Part to form a Civil Harmony, may clearly be collected from the Distinction of the use, to which they are design'd. Those Ornaments and Investures, which are proper to the Head, or Hand, transferred to the feet, but prejudice or In­cumber their peculiar Action. Nor doth the Impropriety con­sist alone in Transposition of Dependencies; but in the Regu­lar Application of their own Inherencies, proportion'd to the due Capacity of every Individual in the kinde, their Function else will but encounter an Imperfect Ministry.

Whether so strict a Position directed to confine the usage of our Civil Faculty within the proper and peculiar Bounds of every Currant, be really consistant with the common Benefit, is not so clearly obvious, in that our frail Condition is patcht up with so many Imperfections in Composure, that not only our Infirmi­ties, but our very Vices are become useful, if not necessary to the consistence of our Common Union: Lux and Riot being the hopeful Springs whence Commerce draws her daily Affluence, which procedure to render more Authentick, some will extract [Page 180] a Priviledge from the vicissitude of Natures Institution, alledg­ing, that Corruptio unius est Generatio alterius: Although the Parallel be but unequally apply'd. The Intention of Her Work therein is only to preserve Her own Production in every Indivi­dual. Ours tendeth to destroy both our selves and our own. Nor can the common consequence of such profuse Expences, well examined, tend otherwise to the Advantage of the Civil Frame, then as improper Aliments may sometime in their habitual fre­quency of use, become necessary to a depraved Constitution. Most occupations now established depending but on their Su­perfluous Ministry. Or as the present Constitution of our Com­merce is compos'd, doth alwayes the Excrescence flow to the Receits of this our Civil Continent. But greedy Forreigners with useless Trifles, Knacks, and Toyes, more frequently fleece us of other much more Considerable Commodities, in Mini­string unto such Giddy and distempered Fantasies.

The propriety and extent of our Subject, in Reference to the Intention of our work, together with the weight and Con­sequence of the Effects may thence ensue, thus generally dis­covered, we will insist on such Particulars, as may lend light to their Suppression; whether the ostentacious Tumor may consist in Habit, Habitation, Entertainment, or Domestick Equipage.

As to the Fashion of the Garment, most Commonwealths have in all Ages held their several Distinctions proper and pecu­liar to the order of their Ministry in the Civil Frame. The Ro­mans had their Plaebean and their Noble Vesture: which Institu­tion was elsewhere essentially in use, till Wealth had justled Vertue out of Action. Now generally regarded but as a trivial Formality: under which License probably the Vulgar have with us assum'd their Insolence.

Their Difference in Materials is not in usage of so great a Moment, especially in such Climates, where they take their primitive extraction: yet hath the Garniture met often such Extravagance (ev'n where assected Vanity had won Her highest Priviledge) that the Civil Power, (not only in Refe­rence to the Dammage of Particulars, but in security to the Publick Interest) hath oftentimes been forced to restrain the Prodigality, in a general Inhibition of the use of Cut-Works, Embroydery, and Clinkant under Imposition of a Penal Law.

The Ornaments of our Habitation may in their Structure justly claim a higher Priviledge in Expence, in that they are with Ours directed to a Publick use, contributing effectually unto the Lustre and Dignity of the Place or City, and bear the last­ing Marks of Honour to a Private Family: yet with such Li­mitation, that the Fabrick not extend either the use or Capa­city of the Founder. Nor that the Interior Ornaments surpass in value their Dependancies.

[Page 181] Special Entertainments have a prodigious Latitude in expence, not seldom prejudicial to a Common Interest, and usually are ten­dered, either as the Rites of Ceremony, The Pledges of Amity, The Proofs of Hospitality, or else The Masks of Furbery. The first Transaction is exacted, as a National Association in Hu­manity, to Gratulate, or to Consolate, to Mourn, or to Rejoyce together; as in Funeral or Nuptial Solemnities: which, rarely falling in a Civil Practise, may be allowed greater Liberty. The Second improperly o'reshadowed with such ostentive Proofs, may justly be excluded such a Procedure, whose nature rather is expressed in the mutual Freedom of a voluntary Congression, then of a sumptuous and singular Invitation. The Third worn out of use, had yet their Improprieties, Inconvenients, and In­cumbrances, not only to the Practiser, but to the common In­terest of the Civil Frame; in that the order of Munificence did never reach the object of so specious a pretence. The true Na­ture of Hospitality consisting in the Relief of the Indigent, not in the Indulgence of the Slothful: Or in Recourse of Jollity, forming rather a Harbour to Necessity, then a Receipt to Sen­suality, or a Shelter to Neglect. The Lustre of so high an At­tribute must bear a more distinct Appropriation to the use, sepa­rated from the very appearance of any other Collateral Inhe­rence whatever. The source must not only be free from Ostenta­tion, but the Materials from Indecency. Not the Refuse of Riot, but the choice of Fertility: Nor can the Dispensation meet Excess, where all may be requir'd.

The Latter Object of Entertainment is most frequently but the secret Train to the Advancement of a private Interest. A Courtly kinde of Commerce, where the engaged Guest becomes designed to defray the expences of the Feast. But singularity and experience have made so nigh discoveries on the Ambush, that usually the Adventure must be ensured in a plainer Style, delivered in more visible and currant Characters; so that in such enlargements, the casualty of success may possibly in time, re­move the urgency of the Publick Regulation to a Private Caution.

Our Domestick Equipage may be implyed either in Quanti­ty, or Quality of Servants, or in Appendents to our Service, whether for Use or Pleasure. The number of Servants hath generally been reduced to a smaller Retinue with us, since Va­nity had changed her Position. Few well affected to the Burden of a Multitude, or where they do exceed therein, it is but in the Quantity of Those, which are designed more for shew then use.

The Appendents to our Service or Divertisements do often reach to a more considerable Superfluity, either in Plate, [Page 182] Horse, or other Appropriates to Field Divertisements.

The use of Plate, in latter Times hath been extended to a high extravagance almost in every Family, even to those Uten­sils designed to the vildest Offices: which Impropriety must, under Suffrage, questionless, produce a visible Obstruction in a Civil Interest, where the Principle Material, that should lend life to Commerce, in a perpetual Revolution, lies dead, in an improper Ministry.

Horses are, under several Distinctions, of so general an use, that their Appropriation, but in number, hardly meets Excep­tion. Yet is the Courser of so little Moment, and so high a Charge, both in their Breed, their Keeping, and their use, that the Intention of their Exercise may oftentimes require a Civil Regulation, in that they frequently involve the Owners in De­bates to a Prodigious Issue of Expence, wherein the most ad­vised often are exposed to the fraud of Mercinary Combinators.

Field Exercises may in their frequent Practice meet a plau­sible Intention in the Times of Peace, rendring the Body apt, vigorous, and hardy to more useful and more generous Encoun­ters, on urgency of Martial Expeditions: Yet where the Bur­den of the Chase lies only on a single Manager, the common Consequents are usually too weighty for a Private undertaker. Nor can the Liberty of Parks so generally in use, pass without Prejudice to the Publick Interest, when as so many and such vast Extents of Land are only but design'd to Pleasure. The Privi­ledge, rightly weigh'd, seems only proper to a Princes usage: And though the Soyl may sometime plead a License, in sterillity; or in a farther use thereof for Pasturage to Horse or Chattel: yet is the Advantage therein but of little Moment in Compensati­on to the Dammages.

Nor are these Ostentatious Habits only in their Nature pre­judicial to our Civil Faculty; but also in a necessity of perseve­rance, not leaving place to the Relucting will to make Retracti­on from the Error; In apprehension to anticipate the evil, we in Protraction do but aggravate: which Imposition of Engage­ment, too frequently, though oftentimes too late, becomes re­sented by unadvis'd Commerciants, insisting in their Vanity but to support their Credit.

In persuit of our Agitation on this Subject, order would exact we should imply a course whereby the Civil Power might visibly distinguish, or yet exactly rectifie the Consequence of this Di­stemper. In Reference to the Procedure, we may infer a due Restriction in the usage of our Civil Property, proportion'd to the Nature and Distinction of our Civil Function; which pas­sing the Prescription of a decent Rule, might bear the Imposi­tion of a Penalty: Or otherwise, not reaching the Intention of [Page 183] the Ordinance (as often is observ'd among Licentious Livers) the Interdiction passing generally; exception (as a Priviledge) might be cast only on the Infamous, which not prevailing, might plausibly ensue, Suspensio ab usu Facultatis, ex Infor­matione Proximi Possessioni. A Suspension from the usage of our Civil Faculty, on Information of the next Inherent to the Property,

XLVII. The Principle Subjects fall under Circum­spection of the Civil Power, In Reference to the Im­provement of our Civil Property.

HAving thus briefly pursu'd those general Objects, whereby our Common Interest distinctly is secur'd, under Tuition of the Civil Power. Order requires, we next assume those Prin­ciples whereby our Civil Faculty should likewise be improved, under Circumspection of the Civil Rule: Insomuch as the per­fect Constitution of the Civil Parts can no otherwayes suffer Cessation, Remission, or Obstruction of encrease, without a Detriment, then the Natural. Casualty or Propagation, frequent­ly exhausting more then possibly might support the visible and present exigence: So that we may conclude in Civil Rules as well as Natural, where motion findes no Station in vicissitude, That Non Progredere est Retrogradere, Not to Advance is to De­cline. Our Interests cast on the Conduct of the Civil Rule, as the peculiar welfare of those simple Parts, whose joynt Com­posure forms one Common Good. What she exacts of us in Re­ference to Her Rights, that she may properly require of us, in order to our own. Expedit Reipublicae, ne sua Re quis male uta­tur. The Publick Welfare holding still the same Analogy with the Parts, as the Parts doth with the whole: What falleth un­der the distinction of our Private usage is our Property; what under Regulation of the Publick, Hers. So that in the miscarriage of the meanest Part, the Dammage is resented of the whole; though possibly that Affluence which lent It due support, might be diverted to another Member, under the Constitution of the self-same Frame: Since to a due concinnety, every part must be endued with a faculty proportion'd to his Ministry; to which Excess may often meet Impediment, as well as a Defect. The proper use therefore to which the Parts are more peculiarly de­sign'd, will not only lend us a Direction to the Improvement of their Faculties to the Enlargement of the Common Welfare. But the specifick use of every Property inherent to those Parts will guide us also to the Improvement of their Ministry, to the [Page 184] Advantage of a Private Interest. In Reference to whose di­stinct Appropriation, we therefore will reduce their Regulati­on to these Principles. 1. Oeconomical Order. 2. Civil In­stitution and Introduction. 3. Serviceable Imployment. 4. Ci­vil Function. 5. Structure. 6. Manure. Private Commerce.

XLVIII. Oeconomical Order.

TO preside the Domestique Mannage is a Priviledge in­herent to the Practice of a Conjugal Relation; though Custom hath, with us ('mongst those are most materially therein concern'd) lent It too mean an Estimate to own the Ministry, casting the Trust thereof on Fraudulent, Negligent, and Licencious Servants, to no small Prejudice in a Private Oeconomy. On what ground the usage took Original, is not so easie to discover, whether Delicacy, State or Indulgency to Plea­sure; the two Former Pretences can hardly find Admission, since Age and Eminence afford us in our Neighbouring Nations, most authentique Patterns. Nor are the most extravagant in Feminine Affeteries much less assiduous in their Circumspecion, though thereto but enduced by irregular Motives, as a neces­sary Dispensitory to their Vanity and Riot. The Consequence of either Practice may visibly be disclosed in the unequal Du­rance of that welfare, is inherent to those Families with whom this Order finds a due Reception, compared unto Theirs have quite abandon'd It.

How the Nature of this Charge should be distinguished, or to what Objects visibly design'd, we will endeavour to dis­cover. The Nature of the undertaking falls (without question) under the Distinction of a Trust, though the Trustee seem e­qually interessed in the mannaging. But usually the Privi­ledge is assumed only under colour of Purloining for supply to some sinister Purposes, unequal Inclinations, Secret, frivulous or superfluous expences, which Practice is fomented under shelter of an Interest, or under shelter of the Law.

The Nature of the Interest, rightly understood, is but a Potential or collatereal Adherence, under the Distinction of our Rules. The Civil Law admits the same Relation to an equal Partage in the Acquisition with the Principle, in what Nature soever transacted; which Priviledge may possibly be the Cause, why the Institution meets a happy Issue, under so favourable a Prescription; though the engagement hath a No­bler Object, where the Act is free from any such Advan­tages.

The Law extendeth not her Influence to the Miscarriage of [Page 185] This Trust, in Respect the Consequence is involved in a joynt Commission, under One present Interest; though possibly the Trustee may totally in Future be secluded from the Benefit. Or in that, the Authority not passeth under a necessary Im­position, but under a voluntary plausible and endearing Con­cession.

The Object of the Exercise, plac'd under Circumscription of the Family, seems totally inherent to That use, whither im­plyed in a timely Provision or a prudent Dispensation. Acqui­sition derives her Affluence from too many and too remote sources to exact Her vigilance, whose Action only is so firm­ly seated onely in the Center of Receipt. The First Inference of Devoyr may seem to approach the Nature of the Excep­tion. In that, to make Provision, is properly but to acquire for store, but the Intention confined to the use, can really not extend to so general a Distinction.

The Objects thus designed to their distinct Ballances, we have to Either here annexed a Dependent might lend them equal Counterpoise; in that they held a mutual Reference to One Another. The Provision must be Timely to attain the use to which it was directed; when Plenty crowns the Season with Success, and sets a lower Rate on the Materials, while yet occasion presseth not. Not when Necessity shall urge sup­ply on any Terms. Prevoyance often reaps the fruit of others Industry. Nor can their force united be but requisite. In that, the Latitude of a Civil existence falls totally not under sup­port of a Private Frame. Civility and Hospitality will challenge a supply in Rights of Decency; so that where Either is de­fective, the Consequence must of Necessity, be prejudicial to a Civil Fadulty. The Counter-Ballance must to This be fram'd equivalent, to lend Them an agreeing Motion. The Dispensa­tion must prudential be to form a timely Providence materially successful. Excess meets no Prescription where Riot tends to Dissipation; nor Penury attains the Honour of Frugality; where gripple hands becomes the Mannagers. Sobriety and Order crown Nature with Delight, while Lux but hastens to extinguish It. The scatter'd fragments had their due Reserve in his Prescrip­tion lent them Affluence by a Miracle.

But how the Civil Power should lend an Influence to this Circumspection, where Love and Duty are not prevalent, is yet a Mistery. Honour may attract, and Infamy deterr, in Minds that are thereof susceptable; but where the Inclination hath attain'd that Sense; Both needless are to guide the Will to what is Regular. Or if They might, the Rule is yet too singu­lar to be extended to a General usage, when Vice finds no Re­straint in Punishment. The happiest Motive, therefore can be [Page 186] issued from a Civil Institution, is to lend the Agitators equal In­terests in their Ministry.

XLIX. Civil Institution and Introduction.

UNder the Intimation of this Subject, may be imply'd not only general Formes of Exercise, should render Youth susceptable of Civil Action, prefigured in our Primi­tive Education: but the specifique Matter should lend That aptitude both Use and Practise to a mutual Benefit the Parts have with the whole. No one dispensed from a common Mini­stry to form the Civil Frame exactly flourishing. But how this wild Propension should in every one become directed to a pro­per Object, might lend perfection to the Enterprise, were not of little Moment to discover, since every Person hath an innate Faculty peculiar to their Genius, no Habit can pretend to.

In Persuit of the Intention the Spartans, who had rais'd their Glory on the Propriety of Natures use, left the Distinction thereof only to Her yet pure and unaffected Motive, disco­vered in the Amusement of their Infancy; to whom they had exposed every Forme, might be inherent to a Civil usage. Nor was this Inquisition yet remitted to the Circumspection of Indulgent Parentage; or the Appropriation thereof to their Order. The Civil Power seems yet more nighly Interessed in the Consequence, to lend the Partiality and Endearment of a Parent soly such a Priviledge, the weight hereof they visibly expressed in their Caution, when as the insulting Foe, would have exacted an engagement of their Youth for Hostages. Nor was the progress of their Industry visited, directed or encou­raged by a Private Institution. The Aged and Experienc'd were publiquely the Supervisors to their sports and exer­cises; who both Instructed and Design'd the Price, where Emulation was inflam'd with Glory, and Neglect or Remisness checkt with Infamy. Private and Mercinary Institu­tors spin out their undertaking but under slight and superficial Forms of Practice to the Advantage only of their abject Lu­cre. Indifference in the First Promotor will hardly animate re­mote Adherents to a perfect Action. How far the prosecution of our Purpose may advance a Private Interest, is clearly evi­dent in the Consequence, since early Habits in an useful Fun­ction will lay a sure foundation to the enlargement of our future Fortunes. Or forme a fair Retrait to the Miscarriage of that in present is established. Practice will entertain the Fancy with Delight; Delight win Assiduity; Assiduity removes in­sensibly that vacance might solicite facile Inclinations to licen­cious [Page 187] Practices, or lewd Society. Affords the minde a plausible Divertisement. And frustrates both the Snares of Sloth and So­litude; on which consideration possibly this Institution became successively digested into Practice, among most Princes of the highest Eminence: So that we may conclude the Suffrage of affected Vacancy, under what shelter of Civil Affluence soever, endued with Capacity to act, forms no small Discord in a Civil Consort.

To visit yet more nighly the general Nature of this Instituti­on, we clearly may distinguish by the Object we propound, the means that should conduct us thither is not meerly Specular. Science may lend a vast Inspection into Natures Mysteries, Ci­vil Occurrents, o [...] the mindes composure, yet reach to no pecu­liar Ministry in a Civil usage, till practice shall educe such Fa­culties into Act. Knowledge must attain a proper Subject to be wrought upon before it can attain or Illustration, or use. The Civil Harmony consisteth in Agreement of Parts to a mutual Correspondence of their Action: Not in the Amusement of a mistick, wandring, and undigested Speculation. To descend to a more peculiar Distinction, were but to trace upon a Subject we al­ready have elsewhere enlarg'd upon, so far as might be conso­nant to the due Structure of our Treatise.

The Institution framed on a proper Subject, the Introduction also must be timely and authentick, to reach a perfect Ministry; not that the season thereto falleth so precisely under the Pre­scription of their Age, as under the maturity of Endowment in a Civil Capacity; though we may properly suspend them from the managing of Publick Interests, so long as Civil Rules se­clude them from disposing of their own. In other Respects, the Nature of the Action will lend a more visible Propriety to the season in the use. Adolescence and Virility more properly are apply'd to Execution, and Invention. Age more secure for Iudg­ment and Advice: Nor can the extreams of either meet a happy Issue in their Ministry. Youths Ardour often may precipitate his Force. and Age out-live his own Sufficience. The Inherence al­so to the Action must Authentick be to Crown a happy Industry, not only in Reference to Probation, but to Admission. Volunta­ry Officiates will in their forward Emulation, or Licentious Pro­cedure, produce but a promiscuous Ministry, Commission only can lend weight to Civil Action.

L. Serviceable Employment.

THe next Inherent to a Civil Interest is the Serviceable, where the Advantage of Anothers Industry redoundeth [Page 188] to the Benefit of the Proprietor, that lends them entertainment. To which Distinction Adherents for Parade have no Relation, Appropriates only to Vanity and Ostentation, really designed to no Civil Ornament, or Use. And though the Iournal Mer­cenary might seem included in such Ministry, yet not reduced properly to the true Nature of a Familist, we will dismiss him here from our Discussion.

In Reference therefore only to such Limitation we will insist upon the Nature of our Principle, under the Distinction of Do­mestick, Functionary, or Emissive Adherents.

Though the two Latter Differences seem properly included in the Former, in Reference to one Receptacle, as common to them all. Yet in Relation only to their distinct use, we may appro­priate their Ministry to several Attributes. The Domestick have a more peculiar Reference only to the Order of our Residence. The Functionary are intentive on their Faculty; and the Emis­sive wait for all Essayes may tend to Action The Industry of the Domestick hath more peculiarly for Object but his Trust. The Vigilance of the Functionary but his Art. And the Dili­gence of the Emissive but his Lucre, though generally under one common Affiance, all mutually endeavour to advance a distinct Interest divided from their Own. To improve the Inten­tion of their Office in an useful Ministry. We therefore must lend Honour or Advantage to their Enterprise. Punishment or Infa­my are passive Motives to a Reackless or a stubborn Temper, while Chearfulness and Hope lend vigour to their Motion.

To yield distinctly to each one their proper and peculiar In­fluence, we severally must reflect upon the object of their Action. Trust Crowns the undertaking of Domestick Props; so Ioseph had attain'd possession of his Masters Goods: and Eliazar was entitled to the Succession of the Patriarchs Wealth. Trust is not only a Civil Engagement, but a Religious Tye. And in Transaction prov'd, justly deserves the highest Dignity. The exact Proof whereof appears not barely in the ready Execution of the Masters Charge: But in the constant opposition of Ad­vantages, that might corrupt, or yet intice him to retard, or otherwayes decline his Masters Interest. The Reason why our Observ [...]tion rarely can disclose so evident a Test, is probably, Domesticks, that Officiate only a Discretion; and under the Re­ward alone of petty Salaries, make slight account of their Sup­porters Interest, and agitate therein, as if they would betray their Masters purposes: So that in opposition to the Cause, we must infer the Remedy. The Adherence therefore must be more Material, and the Condition not so exactly Mercinary. Early Relations hold the strongest Tyes, and a voluntary compensati­on more acceptable. As Habit from Puerility should form the [Page 189] initiation of a Trust, so the perseverance Therein should frame a safe Retreat to Age and Impotence: An authentick Probat of the One, on any change, is but the slightest Recompence of Fi­delity, and the Advantage of the Others Civilly Justiciable.

2. Functionary Adherents pursue but the Advantage of their Art, and seem improperly admitted to the sole Practice of their Faculty, under Prescription of a certain Tearm. Insomuch, as Neglect or Stupidity may render them incapable of such a Pri­viledge, not only to their Masters Dammage, but to the Pub­lick Detriment, since ignorant and unadvis'd Commerciants rarely can disclose the Imperfection of the work, without a frequent prejudice: nor yet their Masters reap the Benefit of their Industry, where Time and Cost unequally are ballanced in value to the Execution. The perfect'st Rule to rectifie the Ca­sualty to such Occurrences, will be to exact a visible and Publick Attestation to their Progression in the Mystery, or to suspend them from the Practice of their Faculty.

Emissive undertakers have a general use, under the various Direction of their Momentary Entertainers. A form of Servi­tude not now in usage among Christian Practisers, where the en­thral'd Adherents daily are sent forth to search occasion to im­prove their Industry to the Advantage of their Masters Benefit, and their own Existence; though possibly the Institution might meet a happy Ministry, under due Regulation, among Forreign Planters. The Eastern people frequently attract no small Accu­mulation from their Assiduous Industry; and more would pro­bably attain, might the enlargement of a regular Imposition, remotely but proceed to their Enfranchisement, by Publick Order.

L. Civil Function.

ALthough the Nature of our Subject might properly be ex­tended to Publick Ministry; yet in respect the Dignity of such a Faculty can warrantably not pretend to the Advan­tage of a private Interest, whose regular Improvement we pursue as a collateral to the Publick Welfare. Our present Agitation only shall insist on such Particulars, as thereto only have Rela­tion. The Object of a Civil Function must, questionless, fall under the Distinction of a Commerce; since thence alone must issue those Advantages, that animate her Course: What there­fore may lend Affluence to Receipt, must visibly promote the Action. The most essential Sources are extracted from the Per­fection, and Expedition of the Work, The Reduction of the Charge, and the Frequence in Return.

[Page 190]The Perfection of the Work becometh visibly advanced in a timely Initiation, and a singular Adherence to the Faculty.

A timely Initiation, In that Ars Longa, Vita Brevis. Art hath a large extent, Life hath but narrow Bounds: As also, that the Addresses of our Infancy insensibly contract a Habit, more easily to sustain the Burden of their Industry, and with more readiness to execute our Ministry.

The Adherence to the Faculty must of Necessity be singular to reach that Excellence should Crown an Enterprise with Af­fluence, where the Spirit is generally intentive on variety of Ob­jects, our Faculties form no Production: where but alternately imploy'd, the vigor thereof weakened in Diversion, can rarely form but an imperfect Issue. Those Nations, who had rais'd their Glory and Advantage on their Civil Faculty, (in reference to our Proposition) were generally enjoyn'd by Publick Ordi­nance, to adhere soly to their Predecessors Ministry. That trained, from their Childehood under Faithful and Industrious Guides, they might begin their undertaking in the Perfection of anothers Industry; who so successively but adding little unto what was formerly acquired to their Usage and Instruction, they might in time attain the highest Execution and Inspection into Arts and Sciences, that humane Nature could pretend to reach to.

The Expedition of the Work dependeth on the Assiduity in Practice, and the Facility is acquired in the frequency of the Exercise, whereto the supple Limbs, and active Spirits, actually applyed from the Infancy, become more prompt and ready to their Ministry; whence issueth that delight which should invite and entertain the Fancy to persevere in their Industry.

The two latter Subsequents that should conduce to the Ad­vantage of a private Interest in a Civil Function, may seem al­ternately adjutive to each others Efficacy. The Reduction of the Charge constituting a lower estimate upon the undertaking, must quicken the Return, And the Frequency in Return must like­wise form a visible Reduction of the Charge; in that the advan­tage of the price attracteth greater Affluence of Contractors to a speedy Issue of the Property. And the P [...]otraction of the Issue must of necessity enlarge the Burden of the Charge in an un­equal Retention of a dead Commodity.

The Reduction of the Charge is, questionless a Subject more properly Inherent to a Manual Operation, then to an Intellectual Ministry. In that Materials are but the peculiar Subject of an Art. No Consequents to the Faculty of Science. The weight of our Discussion therefore only tends to shew, how the Ex­pence inherent to such Arts, may plausibly be reduced under Re­gulation of the Civil Power. The most obvious course may [Page 191] possibly succeed to our Intention. Is the Congestion of a Pub­lick store, authentickly inherent to such distinct Societies, as shall be needful to a Civil usage: to the provision of whose Af­fluence, each particular Associate, daily contributing from the Profits of their Industry, supplies might equally be issued thence to every ones Capacity in Action.

Nor less expedient Hereto were the Execution of such Semi­naries as might imploy the Vacant, Indigent, and Useless Mul­titude, under distinction of what Sex, or Age soever, in any small Capacity to Act: which Receptacles for common use might finde their proper scituation in such Parts, as might afford the highest affluence, and yield to all Adherents their peculiar Maintenance at the easiest Rate.

Returns may finde their frequent Revolution, either in the Agitators Regulation of his Profits, or the Concurrence of their joynt Associates, in a publick entercourse of Trade; from whose common Receipt might issue their Commodities to all Commerciants of Retail. The Surplus form a Staple to a For­reign Traffick, under adventure of one common Interest.

The first Method to Improvement may probably advance a private Interest, in that no Motive sooner can invite Recourse of Custom, then an Abatement of a Common Price, be the advantage scarce considerable: but such a procedure will scarce consist with the joynt Benefit of all Associates, whose mutual Interest is the Object of a Common Welfare: In that the whole Society must thereby be enforced to decline from such Advan­tages, as properly are requisite to the due support of a general Trade, or make a fruitless stop in their Proceedings. The lat­ter course can rarely meet exception, in regard no agitator can supply Materials to their publick Stock, so frequently to be o're­charged with the Consequence. where Trade is Inwardly, and Outwardly still kept alive in a perpetual Issue.

LI. Structure.

STtructure hath a plausible Intention in a Civil usage, not only as a shelter to our Frailty, but as an Ornament and Ad­vantage to a Civil Society, in that the Order, Beauty, and Pro priety of a Habitation inviteth a more numerous Affluence of People. From the concourse of Association springeth the En­largement of Commerce. From the Receipt of Commerce issueth a Common welfare. But how the undertaking should con­tribute to the Improvement of a private Interest, is clearly not Distinguishable: Insomuch as the Transaction is impos'd on faithless Ministers, under advantage of their secret Lucre, and [Page 192] passeth only under Circumspection of unskilful Managers; So that the Edifice erected, will frequently in value not extend to half the Expence of the undertaking, which usually for such Consideration only hath really for Object but Necessity or Plea­sure; though the allowance of our slight Materials hath late­ly muco encouraged Adventurers to frame the Practice on a Publique Commerce.

In Opposition therefore to the Impediments, that might de­tain a Private undertaker to persue so material an inherent to a common Interest; It were requisite the Civil Power should pro­mote the undertaking; Secure the Trust, or regulate the Circum­spection of such Fabriques, might visibly conduce to the Advan­tage of the Civil welfare; not that every structure can pretend to such a priviledge; though possibly erected on those parts are most con siderable. Since each Receipt of Commerce must have his due Proportion with the whole. As the whole should with the Parts to forme a true Agreement in a Civil Harmony.

The undertaking may plausibly be promoted in such Im­munities as the Civil Power shall hold, or proper or expedi­ent to the Place; whether by Institution of Markets, Marts, or Fairs, or other Publique Convention of Commerce. Al­lowance of Materials; Abatements of Impost or Taxes; Grants of Association; Priviledge of Iudicature, Rights of Commu­nage; Remission of Penalties, and the like.

The Trust may be usefully secured in a general Inhibition of Improper and Imperfect Materials. Tasks imposed, and Rates established, under Restriction os a Penal Ordinance.

The Circumspection may effectually be also regulated, under Direction and Allowance of Authentique Architects transign­ed to a Common Ministry, with such Rights of Salary, and Reparation of Defaults, as may be needful to engage Them to an equal Procedure in reference to their Charge.

LII. Manure.

THe sources of our natural Existence being immediately derived from the Production of the Earth; and on the Natural the Civil Frame erected, whose Order soly is com­pos'd but to communicate that Affluence in a mutual Com­merce to the due support of the General union, will lead us to collect from the conclusion, how necessary the Civil Cir­cumspection may be held to the Advancement of the Soils Fertility, Not only in Interdicting useless and Improper Man­aging; but in exacting of each one a competent Improvement of his Property to a Common Benefit.

[Page 193] Defects of Manage taken generally, may either be consider­ed, as Voluntary or Casual.

The Voluntary, intimating a stupid, slothful, or extravagant Neglect, may possibly be corrected in a due Remonstrance or Advertisement; which reaching not effectually the Intention of the Procedure, may properly extend unto Amercement, Fine, or publique Mulct. That not succeeding also, may proceed to the suspension of the Property to Anothers use, under the same Advantage to the Owner, as he had formerly contracted from his Industry. Such were the happy Constitutions of those pri­mitive Societies, who placed their Felicity within the Limits of their proper bosome, without Dependence on a Foreign Ministry.

From the Two former Distinctions may also be derived those Defects which issue from the Impotence or Avarice of the Managers; since they may sometime meet a complication in their Nature. An Impotence may possibly proceed from a vo­luntary Transaction; where the unadvised undertaker shall pre­tend to manage more then his Capacity can reach; or other­wise may issue from a casual Adventure, where the Impropriety of the Season, or other Accident deprives him of the Faculty to make a due Improvement of his Industry. The Presumption of the Former Intimation may justly counterpoise a Penalty e­qual to his Folly; The miscarriage of the Latter will proper­ly exact a more Indulgent Ministry.

Defects arise from Avarice must of Necessity encounter a voluntary Motive in the undertaker, though the Proceding of­ten meet a Casual Impropriety to the Intention, either in the Frequency or Omission of Culture. Or in Conversion of the Soil to wastful and destructive uses.

The Frequency of Culture may without Colour of Objecti­on, not only exhaust the Pregnance of the Soil, but change the very Nature of her Faculty, forming it unapt for her spe­cifique Seed. And rendring it far more susceptable to harmful and superfluous Excrescences. Nor can it be allowable in a Civil Practice, that Avarice or Malice should so far oppress the Na­tural Frame to satisfie, in Present an inordinate Desire, to leave Her Bosom sterile in the future, to a common Prejudice; in which respect, 'tis probable, the Earth held formerly her Sab­baths by the Injunction of a Sacred Ordinance.

Omission of Culture may sometime possibly extend to other Inconvenients, where the Exterior superfice of the Earth, in such Default, becometh, Crusty, Mossie or unapt for Pasturage Impediments, not seldom incident to the wood-land Soils.

Conversion of Soyl hath met a more licencious Practice, in our Latter Age, under the Favor of a Private Interest, where [Page 194] the Advantage of a Petty-Royalty shall claim a Priviledge to enclose his Arrable to render it more proper for Pasturage or Meadow, to the Extrusion of the greater Part of the Inhabi­tants for want of Subject to improve their Industry, or yet sup­port their Families. How far the general suffrage may be held agreeing to a Common welfare, may clearly be discovered in Reflection of the unequal Numbers are sustained by ei­thers Ministry.

The usage of the Soil may also farther be converted to a Common Prejudice, and yet retain the former Nature of her Culture, where the Plan [...]ation in Persuit of gain, becomes forth­with impair'd for many years, as may appear in the Recult of Rape, Oad, &c.

Under a farther Notion of Default in our Manure may also be inserted Rights of Communage, where under Publique suf­frage incompetent extents of Land lie wasted in a general Neg­lect, shadowed with no other visible Pretence, then but the As­sistance of the Indigent, who have not a Capacity to make Ad­vantage of the Priviledge; either in Provision of Stock or Pro­vision for Stock. Whose Winters Sustenance doth usually sur­pass the Summer Benefit, which is nigh spent e're Cattle can recruit their Winters Poverty. If they escape those Casualties too frequently are incident to the condition of neglected Soils, procuring oftentimes a general Rott, which sooner is advanced by the flattery of a forward Spring, if urged by a high ne­cessity to a more hasty entry on the use. Nor can the Opulent endued with Capacity to shun These Inconvenients reap the true benefit of such Precincts, to the tenth part of what the value Thereof might extend unto, in a more regular Appropriation.

LIII. Private Commerce.

THe Nature of our present Subject taken generally might probably exact a vaster Latitude in Discussion, then properly can agree with the due Structure of our Treatise. Since every Property that is communicable, may possibly fall under such Distinction. But general Inherents to a Civil usage more usually resigned to a Publick Transaction, we only will direct our course to one peculiar Object, may Universally, though Privately lend Life and Motion to the Rest in a perpetual Cir­culation.

The Quality of the Object thus set forth, will easily con­duct us to a clear Distinction of Her Nature, without enlarge­ment on Particulars. No other Species of Materials reaching so high an Attribute; but Money, the common Aliment to a Ci­vil [Page 195] Commerce. How this peculiar Faculty should be distributed from the Original to the remotest vessels, without Obstructi­on or Privation, shall reach the Intention of our present Agita­tion. In the Privation of the Faculty, the Parts must Languish or Consume away. In the Obstruction, the whole Frame must suffer a Distemper to a general Grievance; so that in Reference either to the Interest of Particulars, or the Advantage of a ge­neral use. It will be necessary This Civil Aliment should be dispersed universally, without Impediment, in a perpetual con­flux by an alternate vicisitude of a mutual Agitation.

The Extent of our Proposition thus enlightned, will require a different opposition in Reference to distinct Impediments. Obstru­ction meets a proper Remedy in a timely Issue. Privation in a com­petent supply. Not that in Reference to the former Subject eve­ry reserve of store lies useless in a Private Custody, may reach to such Distinction. Private Receipts may without Publique Preju­dice be licens'd a Provision against sundry Accidents, beyond a due supply to an apparent Charge, provided, neither do in quantity extend a certain revolution of Returns. Or that in Reference to the Latter, every Indigence in a Civil Faculty, may properly exact so high an Inference, falls under Regulation of our present Subject, without Dependence on a Civil Commerce. To reach a regular Institution therefore proper to each use; we must e­rect equivalent Receipts, through which, the common Affluence continually debording, may seas'nably return to their Origi­nal, with Surety and Advantage; as also such Dispensitories, as timely may recruit exhausted Faculties.

Receipts directed to a General use, must (in Reference to security) equivalently be Ballanc'd with a General Capacity. Particulars will prove no competent undertakers to support so high an Enterprize, either as Adventurers to the proper Inte­rest, or Agitators to Anothers collateral to their own; a proof Hereof may visibly be collected from the undertaking of Socie­ties, in Commerce, admit of General Associates in adventure to a Common Traffique. Where the Supream and Subtle Managers, on whose Direction, Skill and Circumspection the work is car­ried on, contract the Real Benefit to Themselves, casting the Charge and Casualty on the account of unadvised, Igno­rant and borrowed Contributors, to the Consumption of the Principle deposed to their Trust; Whereas the Adventure and Advantages thereby acquired, engrafted only on a Publick stock. Particular Adherents but relying on the Profits of a Private Loan, might without Casualty or Trouble keep their Accu­mulations in a constant Agitation to the Improvement of their Civil Faculties, and the Consistence of a Publique Treasury or Bank, for the supply of Publique exigents.

[Page 196]In Opposition to the Institution may possibly be alledg'd a common Prejudice, might probably thence arise to the Obstru­ction of a Publick Trade, consisting in Transaction but of pri­vate Mannagers, since few or none, under what Relation soever, will stand the hazzard of their property, in Reference to a private Interest, who may with equal Benefit run no Casualty, to the Advantage of the Publick Welfare: So that particulars must thereby of necessity be reduced to confine the enlargement of their Commerce within the limits of their single property, which otherwayes improved by employment of Anothers, might an­swer others Interest, and congest a more considerable Affluence to the publick Good.

In answer to the Objection, we reply, the Advantage of the Procedure, too frequently proves fatal to all the foresaid Inte­rests united, or divided; since, universally the insatiate thirst of Lucre prompts inconsiderately the Avid will to grasp at more then it can regulate, to become sudden Wealthy, engaging un­advised undertaker to oppose one Difficulty and danger to an­other, in support of that Credit, lent affluence to their Agita­tion, beyond their proper Faculty, to a prodigious expence in the mannaging; which over-ballancing all Possibility of Hope, inevitably o're-whelm the Principles, on whom the private In­terest, and the publick, both pretended an Establishment: whereas the Agitation gently sliding in the Limits only of their proper currant, produce more certainly a General Fertility.

Dispensatories directed to the Advancement of a Private Com­merce, having peculiarly for Object, a Relief, require a more Indulgent Ministry to their Institution, It is not consonant to the order of a Civil Inherence to exact of the Indigent the ut­termost of what the Law permits; much more improper in a Civil Rule to leave the Exigents of the necessitous a common prey to Avarice, beyond the tenor of Her Ordinance. In which Respect we will reflect upon the quality of such Commerciants, whose languishing condition may require a support from this In­stitution. The Nature of their Attribute may properly imply such Persons as extract the means of their existence from an In­tercourse of Trade. To which Distinction; though Publick Transaction more properly may agree, a Subject not in­herent to our present Agitation, extending only to a Private Commerce: Yet taken only with a Reference to their prefigured Incapacity, which lends them to a Publick Commerce, but a subordinate Ministry: We may insist thereon without Conjecture of an Impropriety.

Of this sort of obscure Subordinates in Commerce, a vast Di­versity might possibly be instanced; which we, in order to our proposition, will reduce to these Distinctions, Associates and Independents.

[Page 197] Associates imply such, as for Object of their Industry, have a specifique matter to insist upon, inherent to the Ministry of some distinct Society, on which they do depend.

Independents have no distinct Adherence to Community, in Function, nor yet peculiar Object of Return, but generally pur­sue all Subjects that are vendible to the Advantage of their Pri­vate Interest: so that their differing Agitation may properly re­quire a distinct succour to their undertakings.

Associates having in their Function a Relation to a Commulty, may properly repair to their Provision, to entertain their Facul­ties in their specifique Ministry: Either deputing Money or Ma­terials to their Trust; and taking weekly the return of their peculiar Industry in such Commodities, as are inherent to their Occupation, at such a rate, as might in time endue them with Capacity to become single Mannagers of their proper Function.

The Nature of the Institution may probably meet some Dif­ficulty, either in Reference to the Facility of the Remedy, without such Appropriation, since no one can so suddenly fall from the Practice of his Faculty, as not to lend so small an entertainment to his Industry. Or in Relation to the Incum­brance of a General Trade, since the Society might thereby po­sibly attract more on their Hands▪ then they could without Da­mage issue.

To take away the scruple of the first Assertion, we may imply the urgency of a quick return, to those have not Capacity to wait the season proper to Advantages, who forced to put off their Goods at any rate, both for the support of their present livelihood, and the supply of such Materials, should lend new Affluence to their Commerce, fall by degrees to a Cessation in their Faculty, and totally become a prey to those can first en­gross their Properties, or otherways prevail on their Necessities.

To shun the inconvenient of the Latter Intimation, may be inferr'd the order of our Institution; which reaching either to a general Distribution of the Property to every part of the Society, in full Capacity to agitate alone, equivalent to the Transacti­on of each Particular; the Issue thereof would be burdensome to none: or otherwise, received on a general account, might be reserved for a common store to issue in a Foreign Traffique.

Independents pursuing not so material a Ministry in the Civil Texture, can properly not require so singular a Priviledge of succour, in that they cannot be reduced by distinct Authority to make a mutual Retribution of the common Benefit received, when they fall under a Capacity to make an equal Reparation to anothers Indigence; in which Respect, we must remit their aid to a more common Ministry, which cannot be more plausibly ef­fected to a general use, then under the allowance of a Common [Page 198] Lumbard so Constituted under Regulation of the Civil Power, that the Return of Profit not extend the due Propor­tion of a Legal Interest, more then some small Allowance for subscription. In opposition to so strict Restraint of Benefit, may possibly be alledg'd the Casualty of Goods. And Charge of the Attendants on Receipt.

To ballance the full consequence of the former Objection, we may infer a due proportion in the Loan, in Reference to such Casualty.

In compensation to the Latter, the weight of the subscripti­on, and the advantage of an unredemption; which rightly or­dered by Authentick Consultation, will silence any scruple may be incident to the Propriety of the Institution. Which, conclu­ding our present Subject, puts a closure to the First Part of our General Treatise, enfolding all those Principles which properly are inherent to the National or Interior Object of our Minister. The Latter Part designed to disclose the Forreign or Exterior Object of our Minister, we must remit to treat on, till the Serenity of a milder Fate shall calm the Agitation of a troubled minde; and the Indulgence of the Hand, to which This is directed, shall lend That Influence.