In lieu of an abstract, here is a brief excerpt of the content:

108 the whole duty of man side that it would take up the Business of all Courts, by reason of the great Difficulty in making an Estimate of all the Circumstances, which either would enhance or lessen the Benefit: And that it was to this End I bestow’d it, (to wit, that I did not therefore demand a Promise of Repayment ,) that so the other might have an Occasion of shewing his Gratitude, not for Fear of Punishment, but out of Love to Honesty; and to manifest, that it was not in Hopes of Gain, but only out of mere Kindness that I was liberal of that, which I would not take care should be reimburs’d to me. But for him who improves his Ingratitude, and not only gives no thanks to, but injures his Benefactor; *this shall cause an Aggravation of his Punishment, because it plainly demonstrates the profligate Villany and Baseness of his Mind. u c h a p t e r i x u The Duty of Men in making Contracts From the Duties Absolute to those that are Conditional we must take our Passage, as it were, through the intermediate Contracts;38 for, since all Duties, except those already mentioned, seem to presuppose some Covenant either expressed or implied; † we shall therefore in the next place treat of the Nature of Contracts, and what is to be observed by the Parties concerned therein. *See Grotius de Jure Belli & Pacis, Lib. 2. Cap. 20. §20. 38. Pufendorf’s term is pacts (pacta), or agreements. Duties in relation to pacts are transitional between the natural and adventitious duties because it is through pacts that men institute the statuses to which these latter duties attach. † Compare herewith the whole Eleventh Chapter of the Second Book of Grotius de Jure, &c. I. Contracts. according to the law of nature 109 Now it is plain that it was absolutely necessary for Men to enter into mutual Contracts. For though the Duties of Humanity diffuse themselves far and near thro’ all the Instances of the Life of Man; yet that alone is not Ground sufficient, whereon to fix all the Obligations which may be necessary to be made reciprocal between one and another. For all Men are not endowed with so much Good Nature as that they will do all good Offices to every Man out of meer Kindness, except they have some certain Expectation of receiving the like again: And very often it happens , that the Services we would have to be done to us by other Men are of that Sort, that we cannot with Modesty desire them. Frequently also, it may not become one of my Fortune, or in my Station, to be beholden to another for such a Thing. So that many times another cannot give, neither are we willing to accept, unless that other receive an Equivalent from us; and it happens not seldom, that my Neighbour knows not how he may be serviceable to my occasions. Therefore, that these mutual good Offices, which are the Product of Sociality, may be more freely and regularly exercised, it was necessary that Men should agree among themselves, concerning what was to be done on this side and on that, which no Man from the Law of Nature alone could have assured himself of. So that it was beforehand to be adjusted what, this Man doing so by his Neighbour, he was to expect in lieu of the same, and which he might lawfully demand. This is done by means of Promises and Contracts. With respect to this general Duty it is an Obligation of the Law of Nature , that every Man keep his Word, or fulfil his Promises and make good his Contracts. For without this, a great Part of that Advantage, which naturally accrues to Mankind by a mutual Communication of good Of- fices and useful Things, would be lost. And were not an exact Observance of one’s Promise absolutely necessary, no Man could propose to himself any Certainty in whatever he design’d, where he must depend upon the Assistances of others. Besides that Breach of Faith is apt to give the justest Occasions to Quarrels and Wars. For if, according to my Agreement, I perform my Part, and the other falsifie his Word, whatsoever I have done or deposited in Expectation of his Performance, is lost. Nay, though I have done nothing as yet, yet it may be...

Share