A Methodical System of Universal Law

A Supplement Concerning the Duties of Subjects and Magistrates

531 a SUPPLEMENT Concerning the Duties of Subjects and Magistrates. We have had little occasion to differ, very considerably at least, from our Author, except in one important question, about the measures of submission to the supreme power; and as little occasion to add to him, except with relation to the natural causes of government, and their necessary operations and effects; a consideration of great moment in moral and political philosophy, which hath however been overlooked, not by our Author only, but by Grotius and Pufendorff, and all themoral-systemwriters I have seen. These few things excepted, which we have endeavoured to supply in our remarks, our Author will be found, having had the advantage of coming after several excellent writers, to have given a very full compend of the laws of nature and nations, in which, they are deduced by a most methodical chain of reasoning, from a few simple and plain principles, and they are applied to as many proper cases as is requisite to initiateany attentive intelligent reader into this science, and enable him to decide, by his own judgment, any questions that may occur in life concerning justice and equity, between subject and subject, in whatever relations, natural or adventitious, as parent, husband, master, &c. betweensubject and magistrate; or finally, between separate and independent states. Now, upon a review of what our Author hath done, every one, I 532 the laws of nature and nations think, must perceive that the science of morals may be divided into two parts. The first of which is more general, and very easy and plain, consisting of a few axioms, and certainobviousconclusionsfromthem,with relation to the general conduct of our life and actions. The second consists in finding out from these more general rules, what equity requires in various more complicated cases. And here, as in all other sciences, for the same reason, the deduction must be longer or shorter, according as the conclusions lie nearer to, or more remote from the first fundamental truths in the science. There is no science in which the first axioms or principles are more evident than that of morality. Thus, for example, the only principle our Author, or any other moral writer requires, or has occasion for, in order to demonstrate all the social duties of mankind, is, “That it is just to hurt or injure no person, and to render to every one his own, or his due; or in other words, That it is just and equal to do to others, as we would have them to do to us.” The reasonableness of this principle is self-evident; and there is no case, however complex, relating to social conduct, wherein the reasonable part one ought to act may not be inferred from this principle. Certain general rules of conduct obviously arise from this principle. And the resolution of particular cases consisting of many circumstances by it, only appears difficult till one hath been a little practised inattendingtocircumstances,andseparating, weighing, and balancing them. Here indeed study isrequisite,asinother sciences, where the first principles are likewise very simple; and many truths are easily deducible from them, but others lie more remote, and require a longer train of argumentation: But yet it may be averred, that the remotest truths, and the most complex cases in morals, are not so difficult to be resolved, or do not lie so distant from their first principles, as the higher truths in most other sciences. And therefore, it is justly said by moralists, that the science of morality is more level to every capacity than any other science; tho’ certainly a thoroughacquaintance with it requires a good deal of close thought and attention, and considerable practice in the examination of examples or cases. This, I think, every one, who hath read our author with any degreeof attention, will readily acknowledge, whatever he may have thought, while he viewed this science at a greater distance. But, in order to give a shortview a supplement 533 of the extent of this science, and distinguish what is more easy and obvious in it from what is more complex and difficult, let us first consider an excellent summary given us by Cicero of the general laws or obligations of nature; and then let us cast our eye on what he says upon the design of civil law, which is to settle the rules of equity in more complex or compounded cases...