And

what is done amiss in private, though equally tending to the public prejudice, escapes their censure. man, since his entering into society, would greatly have improved his practice in this secret way of malice. For now an effectual security being provided against open violence, and the inordinate principle of self-love being still the same, secret craft was the art to be improved; and the guards of society inviting private men to a careless security, what advantages it would afford to those hidden mischiefs, which civil laws could not take notice of, is easy to conceive.

2. But, secondly, the influence of civil laws cannot, in all cases, be extended even thus far, namely, to the restraining of open transgression. It cannot then, when the severe prohibition of one irregularity threatens the bringing on a greater: and this will always be the case, when the irregularity is owing to the violence of the sensual passions. Hence it hath come to pass, that no great and flourishing community could ever punish fornication, or vague lust, in such a sort as its ill influence on society was confessed to deserve: Because it was always found that a severe restraint of this, forced open the way to more flagitious lusts.

3. Thirdly, The very attention of civil laws to their principal object, occasions a further inefficacy in their operations. To understand this, we must consider, that the care of the state is for the WHOLE, under which individuals are considered but in the second place, as accessaries only to that whole; the consequence of which is, that, for the sake of the body's welfare, some individuals are often left neglected. Now the care of Religion is for PARTICULARS, and a Whole has but the second place in

its

its concern. This is only touched upon to shew, inpassing, the natural remedy for the defects, I am here endeavouring to account for.

4. But this was not all: There was a further inefficacy in human laws. The Legislator, in enquiring into the mutual duties of citizens arising from their equality of condition, found those duties to be of two kinds. The first, he intitled the duties of PERFECT OBLIGATION, because civil laws could readily and commodiously, and were of necessity required, to enforce their observance. The other he called the duties of IMPERFECT OBLIGATION; not that morality doth not as strongly exact them, but because civil laws could not conveniently provide for the observance of them; and because they were supposed not so immediately and essentially to affect the welfare of society. Of this latter kind are gratitude, hospitality, charity, &c. Concerning such, civil laws, for these reasons, are generally silent. And yet, though it may be true, that these duties, which human laws thus overlook, may not so directly affect society, it is very certain, that their violation brings as sure,

Regium Imperium a Sacerdotali in eo maxime distat, quòd illi non solæ singulorum civium rationes commissæ sint, sed totius reipublicæ salus; unde fit ut in cives etiam invitos ad fovendum totius reipublicæ corpus, jus illi competat-Quod aliter se habet in episcopali ministerio, cui ecclesiæ sollicitudo ita est commissa, ut singulorum saluti præcipue invigilare debeat, nec curare possit universum corpus aliquorum membrorum pernicie. PETRUS DE MARCA, De concordia sacerdotii et imperii. Epistola ad Cardinalem de Richelieu: Nous aurons occasion de citer souvent ce fameux ouvrage, écrit à la requisition du Cardinal de Richelieu. Nous l'indiquerons par le nom de l'Auteur, prelat aussi zélé pour sa religion que pour son prince. Il mourut peu de tems après sa nomination à l'Archevêché de Paris, où il étoit parvenu par son mérite et par le discernement de son Roi. French translator.

though

though not so swift destruction upon it, as that of the duties of perfect obligation. A very competent judge, and who, too, speaks the sentiments of antiquity, in this matter, hath not scrupled to say-" Ut scias 66 per se expetendam esse GRATI ANIMI ADFECTIONEM, per se fugienda res est INGRATUM esse: “quoniam nihil æque concordiam humani generis "dissociat ac distrahit quam hoc vitium*."

5. Still further, besides these duties both of perfect and imperfect obligation, for the encouraging and enforcing of which, civil regimen was invented; SOCIETY itself begot and produced a new set of duties; which are, to speak in the mode of the legislature, of imperfect obligation: the first and principal of which is, that antiquated forgotten virtue called the LOVE OF OUR COUNTRY.

6. But, lastly, SOCIETY not only introduced a new set of duties, but likewise increased and inflamed, to an infinite degree, those inordinate appetites for whose correction it was invented and introduced; like some kinds of powerful medicines, which, at the very time they are working a cure, heighten, for a time, the malignity of the disease. For the appetites take their birth from our real or imaginary wants. Our real wants are unalterably the same; and, arising only from the imbecility of our nature and situation, are exceeding few, and are easily relieved. Our fantastic wants are infinitely numerous, to be brought under no certain measure nor standard; and are always increasing in exact proportion to our improvements in the arts of life. But the arts of life owe their original to society: and the more perfect the policy is, the higher do those improvements rise;

* Seneca de Benef. Lib. iv. c. 18.

and

and, with them, are our wants, as we say, proportionably increased; and our appetites inflamed: for those appetites which seek the gratification of our imaginary wants are much more violent than what are raised by our real wants: not only because the imaginary are more numerous; which gives constant exercise to the appetites and more unreasonable; which makes the gratification proportionably difficult; and altogether unnatural; to which there is no measure: but principally because vicious custom hath affixed a kind of reputation to the gratification of the fantastic wants, which it hath not done to the relief of the real ones. So that, on the whole, our wants increase in proportion as the arts of life advance and perfect.In proportion to our wants, is our uneasiness-to our uneasiness, our endeavours to remove it-to our endeavours, the weakness of human restraint. Hence it appears, that, in a state of nature, where little is consulted but the support of our existence, our wants must be few, and our appetites in proportion weak; and that, in civil society, where the arts of life are cultivated, our wants must be many, and our appetites in proportion strong.

II. Thus far concerning the imperfection of civ society, with regard to the administration of tha power which it hath, namely, of punishing the refractory. We are next to consider its much greater imperfection with regard to that power which it wanteth; namely, of rewarding the obedient.

The two great sanctions of law and civil regimen are REWARD and PUNISHMENT. These are generally called the two hinges, on which government turns. And so far is certain, and apparent to the common sense of mankind, that whatever laws are not

enforced

enforced by both these sanctions, will never be observed in any degree sufficient to carry on the ends of society.

Yet, I shall now shew, from the original constitution and nature of civil society, that it neither had, nor could enforce, the SANCTION OF REWARD.

But, to avoid mistakes, I desire it may be observed, that, by Reward, must needs here be meant, such as is conferred on every one for observing the laws of his country; not such as is bestowed on particulars, for any eminent service: as by Punishment we understand that which is inflicted on every one for transgressing the Laws; not that which is imposed on particulars, for neglecting to do all the service in their power.

I make no doubt but this will be put into the Number of my paradoxes; nothing being more common in the mouths of politicians*, than that the sanctions of reward and punishment are the two pillars of civil government; all the modern Utopias, and ancient systems of speculative politics, deriving the vigour of their laws from these two sources. Let the proof therefore of the two following propositions be considered.

I. That, by the original constitution of civil government, the sanction of rewards was not enforced.

II. That, from the nature of civil government, they could not be enforced.

I. In entering into society, it was stipulated, between the magistrate and people, that protection and

* Neque solùm ut SOLONIS dictum usurpem, qui & sapientissimus fuit ex septem, & legum scriptor solus ex septem. Is rempublicam duabus rebus contineri dixit, PRÆMIO ET PŒNA. Cic. ad Brutum, Ep. 15.

obedience