law, agreable to nature, common to all men, conftant, immutable, eternal. It prompts men to their duty by its commands, and deters them from evil by its probibitions.-'Tis not allowed to retrench any part of this law, or to make any alteration therein, much less to abolish it intirely. Neither the Senate nor people can difpenfe with it; nor does it require any interpretation, being clear of itself and intelligible. It is the fame at Rome and Athens; the fame to day and to morrow. It is the fame eternal and invariable law, given at all times and places to all nations; because God who is the author thereof, and has published it himfelf, is always the fole mafter and fovereign of mankind. Whofoever violates this law, renounces his own nature, divefts himself of humanity, and will be rigorously chastised for his disobedience, though he were to efcape what is commonly diftinguished by the name of punishment.

But let this fuffice in regard to the law of nature confidered as a rule to individuals. In order to embrace the intire fyftem of man, and to unfold our principles in their full extent, 'tis neceffary we say fomething likewife concerning the rules which nations ought to obferve between each other, and are commonly called the law of nations.

Deus. Ille legis hujus inventor, difceptator, lator: cui qui non parebit ipfe fe fugiet, ac naturam hominis afpernabitur; atque hoc ipfo luet maximas panas etiamfi cætera fupplicia, quæ putantur, effugerit. Cicero de Republ. lib. 3. apud Lactant. Inftit. Divin. lib. 6. cap. 8.

CHAP.

I.

A

Of the law of nations.

focieties are

MONG the various establishments of man, How civil the most confiderable without doubt is that formed. of civil fociety, or the body politic, which is juftly esteemed the most perfect of focieties, and has obtained the name of State by way of preference.

Human fociety is fimply, of itself, and with regard to those who compose it, a state of equality and independance. It is fubject to God alone; no one has a natural and primitive right to command; but each perfon may difpofe of himself and of what he poffeffes, as he thinks proper, with this only restriction, that he keep within the bounds of the law of nature, and do no prejudice or injury to any man.

The civil ftate makes a great alteration in this primitive one. The establishing a fovereignty fubverts this independance wherein men were originally with regard to one another; and fubordination is fubftituted in its ftead. The fovereign becoming the depofitary as it were of the will and ftrength of each individual, which are united in his perfon, all the other members of the fociety become fubjects, and find themselves under an obligation of obeying and conducting themselves pursuant to the laws impofed upon them by the fovereign.

ftate does

II. But how great foever the change may be which The civil government and fovereignty make in the state of na- not deftroy ture, yet we must not imagine that the civil ftate but improve

the ftate of

pro- nature.

properly fubverts all natural fociety, or that it destroys the effential relations which men have among themselves, or those between God and man. This would be neither phyfically nor morally poffible: on the contrary the civil ftate fuppofes the nature of man, fuch as the Creator has formed it; it fuppofes the primitive ftate of union and fociety, with all the relations this state includes; it fupposes in fine the natural dependance of man with regard to God and his laws. Government is fo far from fubverting this firft order, that it has been rather established in order to give it a new degree of force and confiftency. It was intended in order to enable us better to discharge the duties prescribed by natural laws, and to attain more certainly the end for which we were created.

III. In order to form a juft idea of civil fociety, we must say, that it is no more than natural fociety itself, modified in such a manner, as to have a fovereign that commands, and on whofe will whatever concerns the happiness of fociety, ultimately depends; to the end that under his protection and thro' his care mankind may furely attain the felicity to which they naturally aspire.

IV. All focieties are formed by the concurrence or union of the wills of feveral perfons, with a view of acquiring fome advantage. Hence it is that focieties are confidered as bodies, and receive the appellation of moral perfons; by reason that these bodies are in effect animated with one fole will, which regulates all their movements. This agrees particularly with the body politic or ftate. The fovereign is the chief

or

or head, and the fubjects the members; all their actions that have any relation to fociety, are directed by the will of the chief. Wherefore as foon as ftates are formed, they acquire a kind of perfonal properties and we may confequently, with due proportion, attribute to them whatever agrees in particular with man; fuch as certain actions and rights that properly belong to them, certain duties they are obliged to fulfil, &c.

law of na

V. This being fuppofed, the establishment of What is the ftates introduces a kind of fociety amongst them, fi- tions. milar to that which is naturally between men ; and the fame reasons which induce men to maintain union among themselves, ought likewife to engage nations or their fovereigns to keep up a good understanding with one another.

'Tis neceffary therefore there fhould be fome law among nations, to ferve as a rule for mutual commerce. Now this law can be nothing else but the law of nature itself, which is then distinguished by the name of the law of nations. Natural law, fays Hobbes very justly, a is divided into the natural law of man, and the natural law of states; and the latter is what we call the law of nations. Thus natural law and the law of nations are in reality one and the fame thing, and differ only by an external denomination. We must therefore fay, that the law of nations properly fo called, and confidered as a law proceeding from a fuperior, is nothing elfe, but the law of nature itself, not applied to men confidered fimply as fuch; but to nations, states, or their * De Cive, cap. 14. §. 4. O 2

chiefs,

Certainty of this law.

General

principle of

the law of

nations; what polity confifts in

chiefs, in the relations they have together, and the feveral interests they have to manage between each other.

VI. There is no room to question the reality and certainty of fuch a law of nations obligatory of its own nature, and to which nations, or the fovereigns that rule them, ought to fubmit. For if God by means of right reafon, impofes certain duties between individuals, 'tis evident he is likewife willing that nations, which are only human focieties, fhould obferve the fame duties between themselves 2.

VII. But in order to fay fomething more particular concerning this fubject, let us obferve that the natural state of nations in refpect to each other, is that of fociety and peace. This fociety is likewife a ftate of equality and independance, which establishes a parity of right between them; and engages them to have the fame regard and refpect for one another. Hence the general principie of the law of nations is nothing more than the general law of fociability, which obliges all nations that have any intercourse with one another, to practise those duties to which individuals are naturally fubject.

These remarks may serve to give us a just idea of that art, so neceffary to the directors of states, and distinguished commonly by the name of Polity. Polity confidered with regard to foreign ftates, is that ability and addrefs by which a fovereign provides for the prefervation, fafety, profperity and glory of the nation hé governs, by refpecting the laws of juftice

See chap. 5. §. 8.

and