THE
PERFECT
STATES-MAN
;
OR
,
Minister
of
State
.
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
;
't
will
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
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
.
Ipse
inter
Primos
praestanti
corpore
Turnus
Vertitur
,
Arma
tenens
,
&
tota
vertice
supra
est
.
Turnus
,
the
chief
,
in
Stature
did
exceed
,
Holding
his
Arms
,
o're
tops
them
by
the
Head
.
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
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
.
Agros
divisere
atque
dedere
,
Pro
facie
cujusque
&
viribus
ingenioque
,
Nam
facies
multùm
valuit
,
viresque
vigebant
.
To
Forme
,
Strength
,
Wit
,
all
Power
yield
,
To
give
and
to
divide
the
Field
,
The
Beauty
of
the
face
doth
charm
,
And
reinforce
the
vigor
of
the
Arm.
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
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
;
〈◊〉
〈◊〉
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
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
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
.
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
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
free-born
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
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
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
.
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
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
.
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
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
,
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
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
.
'T
is
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
.
'T
was
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
.
'T
was
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
.
'T
was
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
.
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
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
,
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
Affairs
(
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
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.
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
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
.
'T
will
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
.
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
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
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
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
.
-
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
.
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
.
It
nulla
Potentia
Vires
.
Praestandi
,
ne
quid
peccet
amicus
habet
.
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
[
*
](A66090-e10490-b)
*
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
[
*
](A66090-e10510-b)
*
Posth●…mus
Dictator
His
who
caused
his
Son
to
be
put
to
Death
for
Infringing
His
command
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
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
,
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.
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
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
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
.
Insani
sapiens
Nomen
ferat
,
Aequus
Iniqui
,
Ultra
quam
satis
est
virtutem
si
petat
ipsam
.
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
Plato
,
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
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
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
.
Hoc
quoque
virtutem
quondam
Certamine
magnum
,
Socratem
Palmam
praem●…ruisse
ferunt
.
And
Cato
the
severe
Censor
and
Corrector
of
other
mens
manners
,
hath
been
nothing
Scrupulous
to
avoid
reproach
in
this
,
Narratur
&
prisci
Catonis
,
Saepe
Mero
calu●…sse
Virtus
.
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
.
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
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
,
't
is
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
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
.
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
.
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
.
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
.
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
.
'T
was
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
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
,
't
is
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
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
[
*
](A66090-e15080-b)
*
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
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
.
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
.
'T
is
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
.
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
(
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
weakned
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
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
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
.
'T
is
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
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
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
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
:
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
,
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
,
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
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
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
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
,
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
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
inhibited
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
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
,
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
.
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
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
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
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
[
*
](A66090-e19650-b)
*
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
,
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
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
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
,
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
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
,
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
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
[
*
](A66090-e21050-b)
*
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
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
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
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
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
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
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
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
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
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
.
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
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
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
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
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
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
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
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
,
(
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
,
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
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
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
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
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
.
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
.
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
't
is
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
,
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
.
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
.
The
several
Objects
of
the
Law
,
in
Reference
to
the
Improvement
of
the
Internal
,
or
Intellectual
Faculties
,
are
contained
under
two
Principles
,
The
Extralegal
Reward
of
Vertue
,
and
the
Extralegal
Punishment
of
Vice
.
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
,
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
[
*
](A66090-e26620-b)
*
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
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
[
*
](A66090-e26890-b)
*
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
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
.
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
,
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
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
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
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
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
,
't
were
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
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
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
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
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
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
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
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
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
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
.
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
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
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
,
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
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
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
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
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
,
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
Common-wealths
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
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
.
'T
is
true
,
the
Parents
frequently
are
supervisors
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
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
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
,
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
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
,
may
be
instanced
The
strict
[
*
](A66090-e35150-b)
*
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
,
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
her
Essence
,
[
*
](A66090-e35650-b)
*
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
[
*
](A66090-e35670-b)
*
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
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
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
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
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
,
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
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
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
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
,
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
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
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
,
't
is
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
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
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
,
't
is
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
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
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
t
is
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
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
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
.
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
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
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
.
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
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
;
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
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
,
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
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
,
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
,
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
[
*
](A66090-e44400-b)
*
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
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
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
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
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
,
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
.
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
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
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
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
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
.
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
,
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
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
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
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
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
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
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
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
.
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
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
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
.
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
,
't
is
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
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
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
.
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
.
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
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
.