from the ,google ,print project47       
,transcriber's ,note  ,spelling and     
punctuation have been preserved as      
faithfully as possible4 ,only obvious   
typographical errors have been          
corrected4  ,for ease of reading1 the   
footnotes have been moved to the end of 
the book4                               
,a ,,discourse                          
,,on                           ,,the    
,,study                            ,,of 
,,the                   ,,law ,,of      
,,nature ,,and ,,nations4               
,,by                   ,,sir ,,james    
,,mackintosh1 ,m4,p4                    
,,second ,,edition4                     
,,london3                      ,,henry  
,,goode ,,and ,,co4                     
,,queen',s ,,head ,,passage1            
,,paternoster-,,row4     ,,sold ,,by ,t4
 ,,clark1 ,,edinburgh2 ,,and ,,wardlaw  
,,and ,,co4 ,,glasgow4                  
,m4,,dccc4,,xxviii4                     
,a ,,discourse1                         
,,etc4                     99     99    

99     99     99  ,before ,i begin a    
course of lectures on a science of great
 extent and importance1 ,i think it my  
duty to lay before the public the       
reasons which have induced me to        
undertake such a labour1 as well as a   
short account of the nature and objects 
of the course which ,i propose to       
deliver4 ,i have always been unwilling  
to waste in unprofitable inactivity that
 leisure which the first years of my    
profession usually allow1 and which     
diligent men1 even with moderate        
talents1 might often employ in a manner 
neither discreditable to themselves1 nor
 wholly useless to others4 ,desirous    
that my own leisure should not be       
consumed in sloth1 ,i anxiously looked  
about for some way of filling it up1    
which might enable me1 according to the 
measure of my humble abilities1 to      
contribute somewhat to the stock of     
general usefulness4 ,i had long been    
convinced that public lectures1 which   
have been used in most ages and         

countries to teach the elements of      
almost every part of learning1 were the 
most convenient mode in which these     
elements could be taught2 that they were
 the best adapted for the important     
purposes of awakening the attention of  
the student1 of abridging his labours1  
of guiding his inquiries1 of relieving  
the tediousness of private study1 and of
 impressing on his recollection the     
principles of science4 ,i saw no reason 
why the ,law of ,england should be less 
adapted to this mode of instruction1 or 
less likely to benefit by it1 than any  
other part of knowledge4 ,a learned     
gentleman1 however1 had already occupied
 that ground1#a and will1 ,i doubt not1 
persevere in the useful labour which he 
has undertaken4 ,on his province it was 
far from my wish to intrude4 ,it        
appeared to me that a course of lectures
 on another science closely connected   
with all liberal professional studies1  
and which had long been the subject of  
my own reading and reflection1 might not

 only prove a most useful introduction  
to the law of ,england1 but might also  
become an interesting part of general   
study1 and an important branch of the   
education of those who were not destined
 for the profession of the law4 ,i was  
confirmed in my opinion by the assent   
and approbation of men1 whose names1 if 
it were becoming to mention them on so  
slight an occasion1 would add authority 
to truth1 and furnish some excuse even  
for error4 ,encouraged by their         
approbation1 ,i resolved without delay  
to commence the undertaking1 of which ,i
 shall now proceed to give some account2
 without interrupting the progress of my
 discourse by anticipating or answering 
the remarks of those who may1 perhaps1  
sneer at me for a departure from the    
usual course of my profession2 because  
,i am desirous of employing in a        
rational and useful pursuit that        
leisure1 of which the same men would    
have required no account1 if it had been
 wasted on trifles1 or even abused in   

dissipation4  ,the science which teaches
 the rights and duties of men and of    
states1 has1 in modern times1 been      
called the ,law of ,nature and ,nations4
 ,under this comprehensive title are    
included the rules of morality1 as they 
prescribe the conduct of private men    
towards each other in all the various   
relations of human life2 as they        
regulate both the obedience of citizens 
to the laws1 and the authority of the   
magistrate in framing laws and          
administering government2 as they modify
 the intercourse of independent         
commonwealths in peace1 and prescribe   
limits to their hostility in war4 ,this 
important science comprehends only that 
part of private ethics which is capable 
of being reduced to fixed and general   
rules4 ,it considers only those general 
principles of jurisprudence and politics
 which the wisdom of the lawgiver adapts
 to the peculiar situation of his own   
country1 and which the skill of the     
statesman applies to the more           

fluctuating and infinitely varying      
circumstances which affect its immediate
 welfare and safety4 ,for there are in  
nature certain fountains of justice     
whence all civil laws are derived1 but  
as streams2 and like as waters do take  
tinctures and tastes from the soils     
through which they run1 so do civil laws
 vary according to the regions and      
governments where they are planted1     
though they proceed from the same       
fountains4#b--;,bacon's ,dig4 and ,adv4 
of ,learn4 ,works1 vol4 i4 p4 #aja4  ,on
 the great questions of morality1 of    
politics1 and of municipal law1 it is   
the object of this science to deliver   
only those fundamental truths of which  
the particular application is as        
extensive as the whole private and      
public conduct of men2 to discover those
 fountains of justice1 without pursuing 
the streams through the endless variety 
of their course4 ,but another part of   
the subject is treated with greater     
fulness and minuteness of application2  

namely1 that important branch of it     
which professes to regulate the         
relations and intercourse of states1 and
 more especially1 both on account of    
their greater perfection and their more 
immediate reference to use1 the         
regulations of that intercourse as they 
are modified by the usages of the       
civilised nations of ,christendom4 ,here
 this science no longer rests in general
 principles4 ,that province of it which 
we now call the law of nations1 has1 in 
many of its parts1 acquired among our   
,european nations much of the precision 
and certainty of positive law1 and the  
particulars of that law are chiefly to  
be found in the works of those writers  
who have treated the science of which ,i
 now speak4 ,it is because they have    
classed 7in a manner which seems        
peculiar to modern times7 the duties of 
individuals with those of nations1 and  
established their obligation on similar 
grounds1 that the whole science has been
 called1 ,the ,law of ,nature and       

,nations4  ,whether this appellation be 
the happiest that could have been chosen
 for the science1 and by what steps it  
came to be adopted among our modern     
moralists and lawyers1#c are inquiries1 
perhaps1 of more curiosity than use1 and
 which1 if they deserve any where to be 
deeply pursued1 will be pursued with    
more propriety in a full examination of 
the subject than within the short limits
 of an introductory discourse4 ,names   
are1 however1 in a great measure        
arbitrary2 but the distribution of      
knowledge into its parts1 though it may 
often perhaps be varied with little     
disadvantage1 yet certainly depends upon
 some fixed principles4 ,the modern     
method of considering individual and    
national morality as the subjects of the
 same science1 seems to me as convenient
 and reasonable an arrangement as can be
 adopted4 ,the same rules of morality   
which hold together men in families1 and
 which form families into commonwealths1
 also link together these commonwealths 

as members of the great society of      
mankind4 ,commonwealths1 as well as     
private men1 are liable to injury1 and  
capable of benefit1 from each other2 it 
is1 therefore1 their interest as well as
 their duty to reverence1 to practise1  
and to enforce those rules of justice   
which control and restrain injury1 which
 regulate and augment benefit1 which1   
even in their present imperfect         
observance1 preserve civilised states in
 a tolerable condition of security from 
wrong1 and which1 if they could be      
generally obeyed1 would establish1 and  
permanently maintain1 the well-being of 
the universal commonwealth of the human 
race4 ,it is therefore with justice that
 one part of this science has been      
called the natural law of individuals1  
and the other the natural law of states2
 and it is too obvious to require       
observation1#d that the application of  
both these laws1 of the former as much  
as of the latter1 is modified and varied
 by customs1 conventions1 character1 and

 situation4 ,with a view to these       
principles1 the writers on general      
jurisprudence have considered states as 
moral persons2 a mode of expression     
which has been called a fiction of law1 
but which may be regarded with more     
propriety as a bold metaphor1 used to   
convey the important truth1 that        
nations1 though they acknowledge no     
common superior1 and neither can nor    
ought to be subjected to human          
punishment1 are yet under the same      
obligations mutually to practise honesty
 and humanity1 which would have bound   
individuals1 even if they could be      
conceived ever to have subsisted without
 the protecting restraints of           
government2 if they were not compelled  
to the discharge of their duty by the   
just authority of magistrates1 and by   
the wholesome terrors of the laws4 ,with
 the same views this law has been       
styled1 and 7notwithstanding the        
objections of some writers to the       
vagueness of the language7 appears to   

have been styled with great propriety1  
the law of nature4 ,it may with         
sufficient correctness1 or at least by  
an easy metaphor1 be called a law1      
inasmuch as it is a supreme1 invariable1
 and uncontrollable rule of conduct to  
all men1 of which the violation is      
avenged by natural punishments1 which   
necessarily flow from the constitution  
of things1 and are as fixed and         
inevitable as the order of nature4 ,it  
is the law of nature1 because its       
general precepts are essentially adapted
 to promote the happiness of man1 as    
long as he remains a being of the same  
nature with which he is at present      
endowed1 or1 in other words1 as long as 
he continues to be man1 in all the      
variety of times1 places1 and           
circumstances1 in which he has been     
known1 or can be imagined to exist2     
because it is discoverable by natural   
reason1 and suitable to our natural     
constitution2 because its fitness and   
wisdom are founded on the general nature

 of human beings1 and not on any of     
those temporary and accidental          
situations in which they may be placed4 
,it is with still more propriety1 and   
indeed with the highest strictness1 and 
the most perfect accuracy1 considered as
 a law1 when1 according to those just   
and magnificent views which philosophy  
and religion open to us of the          
government of the world1 it is received 
and reverenced as the sacred code1      
promulgated by the great ,legislator of 
the ,universe for the guidance of his   
creatures to happiness1 guarded and     
enforced1 as our own experience may     
inform us1 by the penal sanctions of    
shame1 of remorse1 of infamy1 and of    
misery2 and still farther enforced by   
the reasonable expectation of yet more  
awful penalties in a future and more    
permanent state of existence4 ,it is the
 contemplation of the law of nature     
under this full1 mature1 and perfect    
idea of its high origin and transcendent
 dignity1 that called forth the         

enthusiasm of the greatest men1 and the 
greatest writers of ancient and modern  
times1 in those sublime descriptions1   
where they have exhausted all the powers
 of language1 and surpassed all the     
other exertions1 even of their own      
eloquence1 in the display of the beauty 
and majesty of this sovereign and       
immutable law4 ,it is of this law that  
,cicero has spoken in so many parts of  
his writings1 not only with all the     
splendour and copiousness of eloquence1 
but with the sensibility of a man of    
virtue2 and with the gravity and        
comprehension of a philosopher4#e ,it is
 of this law that ,hooker speaks in so  
sublime a strain3--,of law1 no less can 
be said1 than that her seat is the bosom
 of ,god1 her voice the harmony of the  
world2 all things in heaven and earth do
 her homage1 the very least as feeling  
her care1 the greatest as not exempted  
from her power2 both angels and men1 and
 creatures of what condition soever1    
though each in different sort and       

manner1 yet all with uniform consent    
admiring her as the mother of their     
peace and joy4--,eccles4 ,pol4 book i4  
in the conclusion4  ,let not those1 who1
 to use the language of the same        
,hooker1 talk of truth1 without ever    
sounding the depth from whence it       
springeth1 hastily take it for granted1 
that these great masters of eloquence   
and reason were led astray by the       
specious delusions of mysticism1 from   
the sober consideration of the true     
grounds of morality in the nature1      
necessities1 and interests of man4 ,they
 studied and taught the principles of   
morals2 but they thought it still more  
necessary1 and more wise1 a much nobler 
task1 and more becoming a true          
philosopher1 to inspire men with a love 
and reverence for virtue4#f ,they were  
not contented with elementary           
speculations4 ,they examined the        
foundations of our duty1 but they felt  
and cherished a most natural1 a most    
seemly1 a most rational enthusiasm1 when

 they contemplated the majestic edifice 
which is reared on these solid          
foundations4 ,they devoted the highest  
exertions of their mind to spread that  
beneficent enthusiasm among men4 ,they  
consecrated as a homage to virtue the   
most perfect fruits of their genius4 ,if
 these grand sentiments of the good and 
fair have sometimes prevented them from 
delivering the principles of ethics with
 the nakedness and dryness of science1  
at least1 we must own that they have    
chosen the better part2 that they have  
preferred virtuous feeling to moral     
theory2 and practical benefit to        
speculative exactness4 ,perhaps these   
wise men may have supposed that the     
minute dissection and anatomy of ,virtue
 might1 to the ill-judging eye1 weaken  
the charm of her beauty4 ,it is not for 
me to attempt a theme which has perhaps 
been exhausted by these great writers4  
,i am indeed much less called upon to   
display the worth and usefulness of the 
law of nations1 than to vindicate myself

 from presumption in attempting a       
subject which has been already handled  
by so many masters4 ,for the purpose of 
that vindication it will be necessary to
 sketch a very short and slight account 
7for such in this place it must         
unavoidably be7 of the progress and     
present state of the science1 and of    
that succession of able writers who have
 gradually brought it to its present    
perfection4  ,we have no ,greek or      
,roman treatise remaining on the law of 
nations4 ,from the title of one of the  
lost works of ,aristotle1 it appears    
that he composed a treatise on the laws 
of war1#g which1 if we had the good     
fortune to possess it1 would doubtless  
have amply satisfied our curiosity1 and 
would have taught us both the practice  
of the ancient nations and the opinions 
of their moralists1 with that depth and 
precision which distinguish the other   
works of that great philosopher4 ,we can
 now only imperfectly collect that      
practice and those opinions from various

 passages which are scattered over the  
writings of philosophers1 historians1   
poets1 and orators4 ,when the time shall
 arrive for a more full consideration of
 the state of the government and manners
 of the ancient world1 ,i shall be able1
 perhaps1 to offer satisfactory reasons 
why these enlightened nations did not   
separate from the general province of   
ethics that part of morality which      
regulates the intercourse of states1 and
 erect it into an independent science4  
,it would require a long discussion to  
unfold the various causes which united  
the modern nations of ,europe into a    
closer society2 which linked them       
together by the firmest bands of mutual 
dependence1 and which thus1 in process  
of time1 gave to the law that regulated 
their intercourse greater importance1   
higher improvement1 and more binding    
force4 ,among these causes we may       
enumerate a common extraction1 a common 
religion1 similar manners1 institutions1
 and languages2 in earlier ages the     

authority of the ,see of ,rome1 and the 
extravagant claims of the imperial      
crown2 in later times the connexions of 
trade1 the jealousy of power1 the       
refinement of civilization1 the         
cultivation of science1 and1 above all1 
that general mildness of character and  
manners which arose from the combined   
and progressive influence of chivalry1  
of commerce1 of learning1 and of        
religion4 ,nor must we omit the         
similarity of those political           
institutions which1 in every country    
that had been over-run by the ,gothic   
conquerors1 bore discernible marks      
7which the revolutions of succeeding    
ages had obscured1 but not obliterated7 
of the rude but bold and noble outline  
of liberty that was originally sketched 
by the hand of these generous           
barbarians4 ,these and many other causes
 conspired to unite the nations of      
,europe in a more intimate connexion and
 a more constant intercourse1 and of    
consequence made the regulation of their

 intercourse more necessary1 and the law
 that was to govern it more important4  
,in proportion as they approached to the
 condition of provinces of the same     
empire1 it became almost as essential   
that ,europe should have a precise and  
comprehensive code of the law of        
nations1 as that each country should    
have a system of municipal law4 ,the    
labours of the learned accordingly began
 to be directed to this subject in the  
sixteenth century1 soon after the       
revival of learning1 and after that     
regular distribution of power and       
territory which has subsisted1 with     
little variation1 until our times4 ,the 
critical examination of these early     
writers would perhaps not be very       
interesting in an extensive work1 and it
 would be unpardonable in a short       
discourse4 ,it is sufficient to observe 
that they were all more or less shackled
 by the barbarous philosophy of the     
schools1 and that they were impeded in  
their progress by a timorous deference  

for the inferior and technical parts of 
the ,roman law1 without raising their   
views to the comprehensive principles   
which will for ever inspire mankind with
 veneration for that grand monument of  
human wisdom4 ,it was only indeed in the
 sixteenth century that the ,roman law  
was first studied and understood as a   
science connected with ,roman history   
and literature1 and illustrated by men  
whom ,ulpian and ,papinian would not    
have disdained to acknowledge as their  
successors4#h ,among the writers of that
 age we may perceive the ineffectual    
attempts1 the partial advances1 the     
occasional streaks of light which always
 precede great discoveries1 and works   
that are to instruct posterity4  ,the   
reduction of the law of nations to a    
system was reserved for ,grotius4 ,it   
was by the advice of ,lord ,bacon and   
,peiresc that he undertook this arduous 
task4 ,he produced a work which we now  
indeed justly deem imperfect1 but which 
is perhaps the most complete that the   

world has yet owed1 at so early a stage 
in the progress of any science1 to the  
genius and learning of one man4 ,so     
great is the uncertainty of posthumous  
reputation1 and so liable is the fame   
even of the greatest men to be obscured 
by those new fashions of thinking and   
writing which succeed each other so     
rapidly among polished nations1 that    
,grotius1 who filled so large a space in
 the eye of his contemporaries1 is now  
perhaps known to some of my readers only
 by name4 ,yet if we fairly estimate    
both his endowments and his virtues1 we 
may justly consider him as one of the   
most memorable men who have done honour 
to modern times4 ,he combined the       
discharge of the most important duties  
of active and public life with the      
attainment of that exact and various    
learning which is generally the portion 
only of the recluse student4 ,he was    
distinguished as an advocate and a      
magistrate1 and he composed the most    
valuable works on the law of his own    

country2 he was almost equally          
celebrated as an historian1 a scholar1 a
 poet1 and a divine2 a disinterested    
statesman1 a philosophical lawyer1 a    
patriot who united moderation with      
firmness1 and a theologian who was      
taught candour by his learning4         
,unmerited exile did not damp his       
patriotism2 the bitterness of           
controversy did not extinguish his      
charity4 ,the sagacity of his numerous  
and fierce adversaries could not        
discover a blot on his character2 and in
 the midst of all the hard trials and   
galling provocations of a turbulent     
political life1 he never once deserted  
his friends when they were unfortunate1 
nor insulted his enemies when they were 
weak4 ,in times of the most furious     
civil and religious faction he preserved
 his name unspotted1 and he knew how to 
reconcile fidelity to his own party1    
with moderation towards his opponents4  
,such was the man who was destined to   
give a new form to the law of nations1  

or rather to create a science1 of which 
only rude sketches and indigested       
materials were scattered over the       
writings of those who had gone before   
him4 ,by tracing the laws of his country
 to their principles1 he was led to the 
contemplation of the law of nature1     
which be justly considered as the parent
 of all municipal law4#i ,few works were
 more celebrated than that of ,grotius  
in his own days1 and in the age which   
succeeded4 ,it has1 however1 been the   
fashion of the last half-century to     
depreciate his work as a shapeless      
compilation1 in which reason lies buried
 under a mass of authorities and        
quotations4 ,this fashion originated    
among ,french wits and declaimers1 and  
it has been1 ,i know not for what       
reason1 adopted1 though with far greater
 moderation and decency1 by some        
respectable writers among ourselves4 ,as
 to those who first used this language1 
the most candid supposition that we can 
make with respect to them is1 that they 

never read the work2 for1 if they had   
not been deterred from the perusal of it
 by such a formidable display of ,greek 
characters1 they must soon have         
discovered that ,grotius never quotes on
 any subject till he has first appealed 
to some principles1 and often1 in my    
humble opinion1 though1 not always1 to  
the soundest and most rational          
principles4  ,but another sort of answer
 is due to some of those#aj who have    
criticised ,grotius1 and that answer    
might be given in the words of ,grotius 
himself4#aa ,he was not of such a stupid
 and servile cast of mind1 as to quote  
the opinions of poets or orators1 of    
historians and philosophers1 as those of
 judges1 from whose decision there was  
no appeal4 ,he quotes them1 as he tells 
us himself1 as witnesses whose          
conspiring testimony1 mightily          
strengthened and confirmed by their     
discordance on almost every other       
subject1 is a conclusive proof of the   
unanimity of the whole human race on the

 great rules of duty and the fundamental
 principles of morals4 ,on such matters1
 poets and orators are the most         
unexceptionable of all witnesses2 for   
they address themselves to the general  
feelings and sympathies of mankind2 they
 are neither warped by system1 nor      
perverted by sophistry2 they can attain 
none of their objects2 they can neither 
please nor persuade if they dwell on    
moral sentiments not in unison with     
those of their readers4 ,no system of   
moral philosophy can surely disregard   
the general feelings of human nature and
 the according judgment of all ages and 
nations4 ,but where are these feelings  
and that judgment recorded and          
preserved8 ,in those very writings which
 ,grotius is gravely blamed for having  
quoted4 ,the usages and laws of nations1
 the events of history1 the opinions of 
philosophers1 the sentiments of orators 
and poets1 as well as the observation of
 common life1 are1 in truth1 the        
materials out of which the science of   

morality is formed2 and those who       
neglect them are justly chargeable with 
a vain attempt to philosophise without  
regard to fact and experience1 the sole 
foundation of all true philosophy4  ,if 
this were merely an objection of taste1 
,i should be willing to allow that      
,grotius has indeed poured forth his    
learning with a profusion that sometimes
 rather encumbers than adorns his work1 
and which is not always necessary to the
 illustration of his subject4 ,yet1 even
 in making that concession1 ,i should   
rather yield to the taste of others than
 speak from my own feelings4 ,i own that
 such richness and splendour of         
literature have a powerful charm for me4
 ,they fill my mind with an endless     
variety of delightful recollections and 
associations4 ,they relieve the         
understanding in its progress through a 
vast science1 by calling up the memory  
of great men and of interesting events4 
,by this means we see the truths of     
morality clothed with all the eloquence 

7not that could be produced by the      
powers of one man1 but7 that could be   
bestowed on them by the collective      
genius of the world4 ,even ,virtue and  
,wisdom themselves acquire new majesty  
in my eyes1 when ,i thus see all the    
great masters of thinking and writing   
called together1 as it were1 from all   
times and countries1 to do them homage1 
and to appear in their train4  ,but this
 is no place for discussions of taste1  
and ,i am very ready to own that mine   
may be corrupted4 ,the work of ,grotius 
is liable to a more serious objection1  
though ,i do not recollect that it has  
ever been made4 ,his method is          
inconvenient and unscientific4 ,he has  
inverted the natural order4 ,that       
natural order undoubtedly dictates1 that
 we should first search for the original
 principles of the science in human     
nature2 then apply them to the          
regulation of the conduct of            
individuals1 and lastly1 employ them for
 the decision of those difficult and    

complicated questions that arise with   
respect to the intercourse of nations4  
,but ,grotius has chosen the reverse of 
this method4 ,he begins with the        
consideration of the states of peace and
 war1 and he examines original          
principles only occasionally and        
incidentally as they grow out of the    
questions which he is called upon to    
decide4 ,it is a necessary consequence  
of this disorderly method1 which        
exhibits the elements of the science in 
the form of scattered digressions1 that 
he seldom employs sufficient discussion 
on these fundamental truths1 and never  
in the place where such a discussion    
would be most instructive to the reader4
  ,this defect in the plan of ,grotius  
was perceived1 and supplied1 by         
,puffendorff1 who restored natural law  
to that superiority which belonged to   
it1 and with great propriety treated the
 law of nations as only one main branch 
of the parent stock4 ,without the genius
 of his master1 and with very inferior  

learning1 he has yet treated this       
subject with sound sense1 with clear    
method1 with extensive and accurate     
knowledge1 and with a copiousness of    
detail sometimes indeed tedious1 but    
always instructive and satisfactory4    
,his work will be always studied by     
those who spare no labour to acquire a  
deep knowledge of the subject2 but it   
will1 in our times1 ,i fear1 be oftener 
found on the shelf than on the desk of  
the general student4 ,in the time of    
,mr4 ,locke it was considered as the    
manual of those who were intended for   
active life2 but in the present age ,i  
believe it will be found that men of    
business are too much occupied1 men of  
letters are too fastidious1 and men of  
the world too indolent1 for the study or
 even the perusal of such works4 ,far be
 it from me to derogate from the real   
and great merit of so useful a writer as
 ,puffendorff4 ,his treatise is a mine  
in which all his successors must dig4 ,i
 only presume to suggest1 that a book so

 prolix1 and so utterly void of all the 
attractions of composition1 is likely to
 repel many readers who are interested1 
and who might perhaps be disposed to    
acquire some knowledge of the principles
 of public law4  ,many other            
circumstances might be mentioned1 which 
conspire to prove that neither of the   
great works of which ,i have spoken1 has
 superseded the necessity of a new      
attempt to lay before the public a      
,system of the ,law of ,nations4 ,the   
language of science is so completely    
changed since both these works were     
written1 that whoever was now to employ 
their terms in his moral reasonings     
would be almost unintelligible to some  
of his hearers or readers2 and to some  
among them too who are neither ill      
qualified nor ill disposed to study such
 subjects with considerable advantage to
 themselves4 ,the learned indeed well   
know how little novelty or variety is to
 be found in scientific disputes4 ,the  
same truths and the same errors have    

been repeated from age to age1 with     
little variation but in the language2   
and novelty of expression is often      
mistaken by the ignorant for substantial
 discovery4 ,perhaps too very nearly the
 same portion of genius and judgment has
 been exerted in most of the various    
forms under which science has been      
cultivated at different periods of      
history4 ,the superiority of those      
writers who continue to be read1 perhaps
 often consists chiefly in taste1 in    
prudence1 in a happy choice of subject1 
in a favourable moment1 in an agreeable 
style1 in the good fortune of a         
prevalent language1 or in other         
advantages which are either accidental1 
or are the result rather of the         
secondary than of the highest faculties 
of the mind4--,but these reflections1   
while they moderate the pride of        
invention1 and dispel the extravagant   
conceit of superior illumination1 yet   
serve to prove the use1 and indeed the  
necessity1 of composing1 from time to   

time1 new systems of science adapted to 
the opinions and language of each       
succeeding period4 ,every age must be   
taught in its own language4 ,if a man   
were now to begin a discourse on ethics 
with an account of the moral entities of
 ,puffendorff1#ab he would speak an     
unknown tongue4  ,it is not1 however1   
alone as a mere translation of former   
writers into modern language that a new 
system of public law seems likely to be 
useful4 ,the age in which we live       
possesses many advantages which are     
peculiarly favourable to such an        
undertaking4 ,since the composition of  
the great works of ,grotius and         
,puffendorff1 a more modest1 simple1 and
 intelligible philosophy has been       
introduced into the schools2 which has  
indeed been grossly abused by sophists1 
but which1 from the time of ,locke1 has 
been cultivated and improved by a       
succession of disciples worthy of their 
illustrious master4 ,we are thus enabled
 to discuss with precision1 and to      

explain with clearness1 the principles  
of the science of human nature1 which   
are in themselves on a level with the   
capacity of every man of good sense1 and
 which only appeared to be abstruse from
 the unprofitable subtleties with which 
they were loaded1 and the barbarous     
jargon in which they were expressed4    
,the deepest doctrines of morality have 
since that time been treated in the     
perspicuous and popular style1 and with 
some degree of the beauty and eloquence 
of the ancient moralists4 ,that         
philosophy on which are founded the     
principles of our duty1 if it has not   
become more certain 7for morality admits
 no discoveries71 is at least less harsh
 and crabbed1 less obscure and haughty  
in its language1 less forbidding and    
disgusting in its appearance1 than in   
the days of our ancestors4 ,if this     
progress of learning towards popularity 
has engendered 7as it must be owned that
 it has7 a multitude of superficial and 
most mischievous sciolists1 the antidote

 must come from the same quarter with   
the disease4 ,popular reason can alone  
correct popular sophistry4  ,nor is this
 the only advantage which a writer of   
the present age would possess over the  
celebrated jurists of the last century4 
,since that time vast additions have    
been made to the stock of our knowledge 
of human nature4 ,many dark periods of  
history have since been explored4 ,many 
hitherto unknown regions of the globe   
have been visited and described by      
travellers and navigators not less      
intelligent than intrepid4 ,we may be   
said to stand at the confluence of the  
greatest number of streams of knowledge 
flowing from the most distant sources   
that ever met at one point4 ,we are not 
confined1 as the learned of the last age
 generally were1 to the history of those
 renowned nations who are our masters in
 literature4 ,we can bring before us man
 in a lower and more abject condition   
than any in which he was ever before    
seen4 ,the records have been partly     

opened to us of those mighty empires of 
,asia#ac where the beginnings of        
civilization are lost in the darkness of
 an unfathomable antiquity4 ,we can make
 human society pass in review before our
 mind1 from the brutal and helpless     
barbarism of ,terra del ,fuego1 and the 
mild and voluptuous savages of          
,otaheite1 to the tame1 but ancient and 
immovable civilization of ,china1 which 
bestows its own arts on every successive
 race of conquerors2 to the meek and    
servile natives of ,hindostan1 who      
preserve their ingenuity1 their skill1  
and their science1 through a long series
 of ages1 under the yoke of foreign     
tyrants2 to the gross and incorrigible  
rudeness of the ,ottomans1 incapable of 
improvement1 and extinguishing the      
remains of civilization among their     
unhappy subjects1 once the most         
ingenious nations of the earth4 ,we can 
examine almost every imaginable variety 
in the character1 manners1 opinions1    
feelings1 prejudices1 and institutions  

of mankind1 into which they can be      
thrown1 either by the rudeness of       
barbarism1 or by the capricious         
corruptions of refinement1 or by those  
innumerable combinations of             
circumstances1 which1 both in these     
opposite conditions and in all the      
intermediate stages between them1       
influence or direct the course of human 
affairs4 ,history1 if ,i may be allowed 
the expression1 is now a vast museum1 in
 which specimens of every variety of    
human nature may be studied4 ,from these
 great accessions to knowledge1         
law-givers and statesmen1 but1 above    
all1 moralists and political            
philosophers1 may reap the most         
important instruction4 ,they may plainly
 discover in all the useful and         
beautiful variety of governments and    
institutions1 and under all the         
fantastic multitude of usages and rites 
which have prevailed among men1 the same
 fundamental1 comprehensive truths1 the 
sacred master-principles which are the  

guardians of human society1 recognised  
and revered 7with few and slight        
exceptions7 by every nation upon earth1 
and uniformly taught 7with still fewer  
exceptions7 by a succession of wise men 
from the first dawn of speculation to   
the present moment4 ,the exceptions1 few
 as they are1 will1 on more reflection1 
be found rather apparent than real4 ,if 
we could raise ourselves to that height 
from which we ought to survey so vast a 
subject1 these exceptions would         
altogether vanish2 the brutality of a   
handful of savages would disappear in   
the immense prospect of human nature1   
and the murmurs of a few licentious     
sophists would not ascend to break the  
general harmony4 ,this consent of       
mankind in first principles1 and this   
endless variety in their application1   
which is one among many valuable truths 
which we may collect from our present   
extensive acquaintance with the history 
of man1 is itself of vast importance4   
,much of the majesty and authority of   

virtue is derived from their consent1   
and almost the whole of practical wisdom
 is founded on their variety4  ,what    
former age could have supplied facts for
 such a work as that of ,montesquieu8   
,he indeed has been1 perhaps justly1    
charged with abusing this advantage1 by 
the undistinguishing adoption of the    
narratives of travellers of very        
different degrees of accuracy and       
veracity4 ,but if we reluctantly confess
 the justness of this objection2 if we  
are compelled to own that he exaggerates
 the influence of climate1 that he      
ascribes too much to the foresight and  
forming skill of legislators1 and far   
too little to time and circumstances1 in
 the growth of political constitutions2 
that the substantial character and      
essential differences of governments are
 often lost and confounded in his       
technical language and arrangement2 that
 he often bends the free and irregular  
outline of nature to the imposing but   
fallacious geometrical regularity of    

system2 that he has chosen a style of   
affected abruptness1 sententiousness1   
and vivacity1 ill suited to the gravity 
of his subject3 after all these         
concessions 7for his fame is large      
enough to spare many concessions71 the  
,spirit of ,laws will still remain not  
only one of the most solid and durable  
monuments of the powers of the human    
mind1 but a striking evidence of the    
inestimable advantages which political  
philosophy may receive from a wide      
survey of all the various conditions of 
human society4  ,in the present century 
a slow and silent1 but very substantial 
mitigation has taken place in the       
practice of war2 and in proportion as   
that mitigated practice has received the
 sanction of time1 it is raised from the
 rank of mere usage1 and becomes part of
 the law of nations4 ,whoever will      
compare our present modes of warfare    
with the system of ,grotius#ad will     
clearly discern the immense improvements
 which have taken place in that respect 

since the publication of his work1      
during a period1 perhaps in every point 
of view1 the happiest to be found in the
 history of the world4 ,in the same     
period many important points of public  
law have been the subject of contest    
both by argument and by arms1 of which  
we find either no mention1 or very      
obscure traces1 in the history of       
preceding times4  ,there are other      
circumstances to which ,i allude with   
hesitation and reluctance1 though it    
must be owned that they afford to a     
writer of this age some degree of       
unfortunate and deplorable advantage    
over his predecessors4 ,recent events   
have accumulated more terrible practical
 instruction on every subject of        
politics than could have been in other  
times acquired by the experience of     
ages4 ,men's wit1 sharpened by their    
passions1 has penetrated to the bottom  
of almost all political questions4 ,even
 the fundamental rules of morality      
themselves have1 for the first time1    

unfortunately for mankind1 become the   
subject of doubt and discussion4 ,i     
shall consider it as my duty to abstain 
from all mention of these awful events1 
and of these fatal controversies4 ,but  
the mind of that man must indeed be     
incurious and indocile1 who has either  
overlooked all these things2 or reaped  
no instruction from the contemplation of
 them4  ,from these reflections it      
appears1 that1 since the composition of 
those two great works on the ,law of    
,nature and ,nations which continue to  
be the classical and standard works on  
that subject1 we have gained both more  
convenient instruments of reasoning and 
more extensive materials for science2   
that the code of war has been enlarged  
and improved2 that new questions have   
been practically decided2 and that new  
controversies have arisen regarding the 
intercourse of independent states1 and  
the first principles of morality and    
civil government4  ,some readers may1   
however1 think that in these            

observations which ,i offer1 to excuse  
the presumption of my own attempt1 ,i   
have omitted the mention of later       
writers1 to whom some part of the       
remarks is not justly applicable4 ,but1 
perhaps1 further consideration will     
acquit me in the judgment of such       
readers4 ,writers on particular         
questions of public law are not within  
the scope of my observations4 ,they have
 furnished the most valuable materials2 
but ,i speak only of a system4 ,to the  
large work of ,wolffius1 the            
observations which ,i have made on      
,puffendorff as a book for general use1 
will surely apply with tenfold force4   
,his abridger1 ,vattel1 deserves1       
indeed1 considerable praise4 ,he is a   
very ingenious1 clear1 elegant1 and     
useful writer4 ,but he only considers   
one part of this extensive subject1     
namely1 the law of nations strictly so  
called2 and ,i cannot help thinking1    
that1 even in this department of the    
science1 he has adopted some doubtful   

and dangerous principles1 not to mention
 his constant deficiency in that fulness
 of example and illustration1 which so  
much embellishes and strengthens reason4
 ,it is hardly necessary to take any    
notice of the text-book of ,heineccius1 
the best writer of elementary books with
 whom ,i am acquainted on any subject4  
,burlamaqui is an author of superior    
merit2 but he confines himself too much 
to the general principles of morality   
and politics1 to require much           
observation from me in this place4 ,the 
same reason will excuse me for passing  
over in silence the works of many       
philosophers and moralists1 to whom1 in 
the course of my proposed lectures1 ,i  
shall owe and confess the greatest      
obligations2 and it might perhaps       
deliver me from the necessity of        
speaking of the work of ,dr4 ,paley1 if 
,i were not desirous of this public     
opportunity of professing my gratitude  
for the instruction and pleasure which  
,i have received from that excellent    

writer1 who possesses1 in so eminent a  
degree1 those invaluable qualities of a 
moralist1 good sense1 caution1 sobriety1
 and perpetual reference to convenience 
and practice2 and who certainly is      
thought less original than he really is1
 merely because his taste and modesty   
have led him to disdain the ostentation 
of novelty1 and because he generally    
employs more art to blend his own       
arguments with the body of received     
opinions1 so as that they are scarce to 
be distinguished1 than other men1 in the
 pursuit of a transient popularity1 have
 exerted to disguise the most miserable 
common-places in the shape of paradox4  
,no writer since the time of ,grotius1  
of ,puffendorff1 and of ,wolf1 has      
combined an investigation of the        
principles of natural and public law1   
with a full application of these        
principles to particular cases2 and in  
these circumstances1 ,i trust1 it will  
not be deemed extravagant presumption in
 me to hope that ,i shall be able to    

exhibit a view of this science1 which   
shall1 at least1 be more intelligible   
and attractive to students1 than the    
learned treatises of these celebrated   
men4 ,i shall now proceed to state the  
general plan and subjects of the        
lectures in which ,i am to make this    
attempt4   ,i4 ,the being whose actions 
the law of nature professes to regulate1
 is man4 ,it is on the knowledge of his 
nature that the science of his duty must
 be founded4#ae ,it is impossible to    
approach the threshold of moral         
philosophy1 without a previous          
examination of the faculties and habits 
of the human mind4 ,let no reader be    
repelled from this examination1 by the  
odious and terrible name of metaphysics2
 for it is1 in truth1 nothing more than 
the employment of good sense1 in        
observing our own thoughts1 feelings1   
and actions2 and when the facts which   
are thus observed1 are expressed as they
 ought to be1 in plain language1 it is1 
perhaps1 above all other sciences1 most 

on a level with the capacity and        
information of the generality of        
thinking men4 ,when it is thus          
expressed1 it requires no previous      
qualification1 but a sound judgment1    
perfectly to comprehend it2 and those   
who wrap it up in a technical and       
mysterious jargon1 always give us strong
 reason to suspect that they are not    
philosophers but impostors4 ,whoever    
thoroughly understands such a science1  
must be able to teach it plainly to all 
men of common sense4 ,the proposed      
course will therefore open with a very  
short1 and1 ,i hope1 a very simple and  
intelligible account of the powers and  
operations of the human mind4 ,by this  
plain statement of facts1 it will not be
 difficult to decide many celebrated1   
though frivolous1 and merely verbal     
controversies1 which have long amused   
the leisure of the schools1 and which   
owe both their fame and their existence 
to the ambiguous obscurity of scholastic
 language4 ,it will1 for example1 only  

require an appeal to every man's        
experience1 to prove that we often act  
purely from a regard to the happiness of
 others1 and are therefore social       
beings2 and it is not necessary to be a 
consummate judge of the deceptions of   
language1 to despise the sophistical    
trifler1 who tells us1 that1 because we 
experience a gratification in our       
benevolent actions1 we are therefore    
exclusively and uniformly selfish4 ,a   
correct examination of facts will lead  
us to discover that quality which is    
common to all virtuous actions1 and     
which distinguishes them from those     
which are vicious and criminal4 ,but we 
shall see that it is necessary for man  
to be governed not by his own transient 
and hasty opinion upon the tendency of  
every particular action1 but by those   
fixed and unalterable rules1 which are  
the joint result of the impartial       
judgment1 the natural feelings1 and the 
embodied experience of mankind4 ,the    
authority of these rules is1 indeed1    

founded only on their tendency to       
promote private and public welfare2 but 
the morality of actions will appear     
solely to consist in their              
correspondence with the rule4 ,by the   
help of this obvious distinction we     
shall vindicate a just theory1 which1   
far from being modern1 is1 in fact1 as  
ancient as philosophy1 both from        
plausible objections1 and from the      
odious imputation of supporting those   
absurd and monstrous systems which have 
been built upon it4 ,beneficial tendency
 is the foundation of rules1 and the    
criterion by which habits and sentiments
 are to be tried4 ,but it is neither the
 immediate standard1 nor can it ever be 
the principal motive of action4 ,an     
action1 to be completely virtuous1 must 
accord with moral rules1 and must flow  
from our natural feelings and           
affections1 moderated1 matured1 and     
improved into steady habits of right    
conduct4#af ,without1 however1 dwelling 
longer on subjects which cannot be      

clearly stated1 unless they are fully   
unfolded1 ,i content myself with        
observing1 that it shall be my object1  
in this preliminary1 but most important 
part of the course1 to lay the          
foundations of morality so deeply in    
human nature1 as may satisfy the coldest
 inquirer2 and1 at the same time1 to    
vindicate the paramount authority of the
 rules of our duty1 at all times1 and in
 all places1 over all opinions of       
interest and speculations of benefit1 so
 extensively1 so universally1 and so    
inviolably1 as may well justify the     
grandest and the most apparently        
extravagant effusions of moral          
enthusiasm4 ,if1 notwithstanding all my 
endeavours to deliver these doctrines   
with the utmost simplicity1 any of my   
auditors should still reproach me for   
introducing such abstruse matters1 ,i   
must shelter myself behind the authority
 of the wisest of men4 ,if they 7the    
ancient moralists71 before they had come
 to the popular and received notions of 

virtue and vice1 had staid a little     
longer upon the inquiry concerning the  
roots of good and evil1 they had given1 
in my opinion1 a great light to that    
which followed2 and specially if they   
had consulted with nature1 they had made
 their doctrines less prolix1 and more  
profound4--,bacon4 ,dign4 and ,adv4 of  
,learn4 book ii4 ,what ,lord ,bacon     
desired for the mere gratification of   
scientific curiosity1 the welfare of    
mankind now imperiously demands4        
,shallow systems of metaphysics have    
given birth to a brood of abominable and
 pestilential paradoxes1 which nothing  
but a more profound philosophy can      
destroy4 ,however we may1 perhaps1      
lament the necessity of discussions     
which may shake the habitual reverence  
of some men for those rules which it is 
the chief interest of all men to        
practise1 we have now no choice left4   
,we must either dispute1 or abandon the 
ground4 ,undistinguishing and unmerited 
invectives against philosophy1 will only

 harden sophists and their disciples in 
the insolent conceit1 that they are in  
possession of an undisputed superiority 
of reason2 and that their antagonists   
have no arms to employ against them1 but
 those of popular declamation4 ,let us  
not for a moment even appear to suppose1
 that philosophical truth and human     
happiness are so irreconcilably at      
variance4 ,i cannot express my opinion  
on this subject so well as in the words 
of a most valuable1 though generally    
neglected writer3 ,the science of       
abstruse learning1 when completely      
attained1 is like ,achilles's spear1    
that healed the wounds it had made      
before2 so this knowledge serves to     
repair the damage itself had occasioned1
 and this perhaps is all it is good for2
 it casts no additional light upon the  
paths of life1 but disperses the clouds 
with which it had overspread them       
before2 it advances not the traveller   
one step in his journey1 but conducts   
him back again to the spot from whence  

he wandered4 ,thus the land of          
,philosophy consists partly of an open  
champaign country1 passable by every    
common understanding1 and partly of a   
range of woods1 traversable only by the 
speculative1 and where they too         
frequently delight to amuse themselves4 
,since then we shall be obliged to make 
incursions into this latter tract1 and  
shall probably find it a region of      
obscurity1 danger1 and difficulty1 it   
behoves us to use our utmost endeavours 
for enlightening and smoothing the way  
before us4#ag ,we shall1 however1 remain
 in the forest only long enough to visit
 the fountains of those streams which   
flow from it1 and which water and       
fertilise the cultivated region of      
,morals1 to become acquainted with the  
modes of warfare practised by its savage
 inhabitants1 and to learn the means of 
guarding our fair and fruitful land     
against their desolating incursions4 ,i 
shall hasten from speculations1 to which
 ,i am naturally1 perhaps1 but too      

prone1 and proceed to the more          
profitable consideration of our         
practical duty4   ,,ii4 ,the first and  
most simple part of ethics is that which
 regards the duties of private men      
towards each other1 when they are       
considered apart from the sanction of   
positive laws4 ,i say1 apart from that  
sanction1 not antecedent to it2 for     
though we separate private from         
political duties for the sake of greater
 clearness and order in reasoning1 yet  
we are not to be so deluded by this mere
 arrangement of convenience as to       
suppose that human society ever has     
subsisted1 or ever could subsist1       
without being protected by government   
and bound together by laws4 ,all these  
relative duties of private life have    
been so copiously and beautifully       
treated by the moralists of antiquity1  
that few men will now choose to follow  
them who are not actuated by the wild   
ambition of equalling ,aristotle in     
precision1 or rivalling ,cicero in      

eloquence4 ,they have been also         
admirably treated by modern moralists1  
among whom it would be gross injustice  
not to number many of the preachers of  
the ,christian religion1 whose peculiar 
character is that spirit of universal   
charity1 which is the living principle  
of all our social duties4 ,for it was   
long ago said1 with great truth1 by     
,lord ,bacon1 that there never was any  
philosophy1 religion1 or other          
discipline1 which did so plainly and    
highly exalt that good which is         
communicative1 and depress the good     
which is private and particular1 as the 
,christian faith4#ah ,the appropriate   
praise of this religion is not so much1 
that it has taught new duties1 as that  
it breathes a milder and more benevolent
 spirit over the whole extent of morals4
  ,on a subject which has been so       
exhausted1 ,i should naturally have     
contented myself with the most slight   
and general survey1 if some fundamental 
principles had not of late been brought 

into question1 which1 in all former     
times1 have been deemed too evident to  
require the support of argument1 and    
almost too sacred to admit the liberty  
of discussion4 ,i shall here endeavour  
to strengthen some parts of the         
fortifications of morality which have   
hitherto been neglected1 because no man 
had ever been hardy enough to attack    
them4 ,almost all the relative duties of
 human life will be found more          
immediately1 or more remotely1 to arise 
out of the two great institutions of    
property and marriage4 ,they constitute1
 preserve1 and improve society4 ,upon   
their gradual improvement depends the   
progressive civilization of mankind2 on 
them rests the whole order of civil     
life4 ,we are told by ,horace1 that the 
first efforts of lawgivers to civilise  
men consisted in strengthening and      
regulating these institutions1 and      
fencing them round with rigorous penal  
laws4      ,oppida coeperunt munire et  
ponere leges     ,neu quis fur esset1   

neu quis latro1 neu quis adulter4       
#a ,serm4 iii4 #aje4  ,a celebrated     
ancient orator1 of whose poems we have  
but a few fragments remaining1 has well 
described the progressive order in which
 human society is gradually led to its  
highest improvements under the          
guardianship of those laws which secure 
property and regulate marriage4      ,et
 leges sanctas docuit1 et chara jugavit 
,corpora conjugiis2 et magnas condidit  
urbes4                                  
,frag4 ,c4 ,licin4 ,calvi4  ,these two  
great institutions convert the selfish  
as well as the social passions of our   
nature into the firmest bands of a      
peaceable and orderly intercourse2 they 
change the sources of discord into      
principles of quiet2 they discipline the
 most ungovernable1 they refine the     
grossest1 and they exalt the most sordid
 propensities2 so that they become the  
perpetual fountain of all that          
strengthens1 and preserves1 and adorns  
society2 they sustain the individual1   

and they perpetuate the race4 ,around   
these institutions all our social duties
 will be found at various distances to  
range themselves2 some more near1       
obviously essential to the good order of
 human life1 others more remote1 and of 
which the necessity is not at first view
 so apparent2 and some so distant1 that 
their importance has been sometimes     
doubted1 though upon more mature        
consideration they will be found to be  
outposts and advanced guards of these   
fundamental principles3 that man should 
securely enjoy the fruits of his labour1
 and that the society of the sexes      
should be so wisely ordered as to make  
it a school of the kind affections1 and 
a fit nursery for the commonwealth4     
,the subject of property is of great    
extent4 ,it will be necessary to        
establish the foundation of the rights  
of acquisition1 alienation1 and         
transmission1 not in imaginary contracts
 or a pretended state of nature1 but in 
their subserviency to the subsistence   

and well-being of mankind4 ,it will not 
only be curious1 but useful1 to trace   
the history of property from the first  
loose and transient occupancy of the    
savage1 through all the modifications   
which it has at different times         
received1 to that comprehensive1 subtle1
 and anxiously minute code of property  
which is the last result of the most    
refined civilization4  ,i shall observe 
the same order in considering the       
society of the sexes as it is regulated 
by the institution of marriage4#ai ,i   
shall endeavour to lay open those       
unalterable principles of general       
interest on which that institution      
rests3 and if ,i entertain a hope that  
on this subject ,i may be able to add   
something to what our masters in        
morality have taught us1 ,i trust1 that 
the reader will bear in mind1 as an     
excuse for my presumption1 that they    
were not likely to employ much argument 
where they did not foresee the          
possibility of doubt4 ,i shall also     

consider the history#bj of marriage1 and
 trace it through all the forms which it
 has assumed1 to that decent and happy  
permanency of union1 which has1 perhaps 
above all other causes1 contributed to  
the quiet of society1 and the refinement
 of manners in modern times4 ,among many
 other inquiries which this subject will
 suggest1 ,i shall be led more          
particularly to examine the natural     
station and duties of the female sex1   
their condition among different nations1
 its improvement in ,europe1 and the    
bounds which ,nature herself has        
prescribed to the progress of that      
improvement2 beyond which1 every        
pretended advance will be a real        
degradation4   ,,iii4 ,having           
established the principles of private   
duty1 ,i shall proceed to consider man  
under the important relation of subject 
and sovereign1 or1 in other words1 of   
citizen and magistrate4 ,the duties     
which arise from this relation ,i shall 
endeavour to establish1 not upon        

supposed compacts1 which are altogether 
chimerical1 which must be admitted to be
 false in fact1 which if they are to be 
considered as fictions1 will be found to
 serve no purpose of just reasoning1 and
 to be equally the foundation of a      
system of universal despotism in        
,hobbes1 and of universal anarchy in    
,rousseau2 but on the solid basis of    
general convenience4 ,men cannot subsist
 without society and mutual aid2 they   
can neither maintain social intercourse 
nor receive aid from each other without 
the protection of government2 and they  
cannot enjoy that protection without    
submitting to the restraints which a    
just government imposes4 ,this plain    
argument establishes the duty of        
obedience on the part of citizens1 and  
the duty of protection on that of       
magistrates1 on the same foundation with
 that of every other moral duty2 and it 
shews1 with sufficient evidence1 that   
these duties are reciprocal2 the only   
rational end for which the fiction of a 

contract could have been invented4 ,i   
shall not encumber my reasoning by any  
speculations on the origin of           
government2 a question on which so much 
reason has been wasted in modern times2 
but which the ancients#ba in a higher   
spirit of philosophy have never once    
mooted4 ,if our principles be just1 the 
origin of government must have been     
coeval with that of mankind2 and as no  
tribe has ever yet been discovered so   
brutish as to be without some           
government1 and yet so enlightened as to
 establish a government by common       
consent1 it is surely unnecessary to    
employ any serious argument in the      
confutation of a doctrine that is       
inconsistent with reason1 and           
unsupported by experience4 ,but though  
all inquiries into the origin of        
government be chimerical1 yet the       
history of its progress is curious and  
useful4 ,the various stages through     
which it passed from savage             
independence1 which implies every man's 

power of injuring his neighbour1 to     
legal liberty1 which consists in every  
man's security against wrong2 the manner
 in which a family expands into a tribe1
 and tribes coalesce into a nation2 in  
which public justice is gradually       
engrafted on private revenge1 find      
temporary submission ripened into       
habitual obedience2 form a most         
important and extensive subject of      
inquiry1 which comprehends all the      
improvements of mankind in police1 in   
judicature1 and in legislation4  ,i have
 already given the reader to understand 
that the description of liberty which   
seems to me the most comprehensive1 is  
that of security against wrong4 ,liberty
 is therefore the object of all         
government4 ,men are more free under    
every government1 even the most         
imperfect1 than they would be if it were
 possible for them to exist without any 
government at all3 they are more secure 
from wrong1 more undisturbed in the     
exercise of their natural powers1 and   

therefore more free1 even in the most   
obvious and grossest sense of the word1 
than if they were altogether unprotected
 against injury from each other4 ,but as
 general security is enjoyed in very    
different degrees under different       
governments1 those which guard it most  
perfectly1 are by way of eminence called
 free4 ,such governments attain most    
completely the end which is common to   
all government4 ,a free constitution of 
government and a good constitution of   
government are therefore different      
expressions for the same idea4  ,another
 material distinction1 however1 soon    
presents itself4 ,in most civilised     
states the subject is tolerably         
protected against gross injustice from  
his fellows by impartial laws1 which it 
is the manifest interest of the         
sovereign to enforce4 ,but some         
commonwealths are so happy as to be     
founded on a principle of much more     
refined and provident wisdom4 ,the      
subjects of such commonwealths are      

guarded not only against the injustice  
of each other1 but 7as far as human     
prudence can contrive7 against          
oppression from the magistrate4 ,such   
states1 like all other extraordinary    
examples of public or private excellence
 and happiness1 are thinly scattered    
over the different ages and countries of
 the world4 ,in them the will of the    
sovereign is limited with so exact a    
measure1 that his protecting authority  
is not weakened4 ,such a combination of 
skill and fortune is not often to be    
expected1 and indeed never can arise1   
but from the constant though gradual    
exertions of wisdom and virtue1 to      
improve a long succession of most       
favourable circumstances4  ,there is    
indeed scarce any society so wretched as
 to be destitute of some sort of weak   
provision against the injustice of their
 governors4 ,religious institutions1    
favourite prejudices1 national manners1 
have in different countries1 with       
unequal degrees of force1 checked or    

mitigated the exercise of supreme power4
 ,the privileges of a powerful nobility1
 of opulent mercantile communities1 of  
great judicial corporations1 have in    
some monarchies approached more near to 
a control on the sovereign4 ,means have 
been devised with more or less wisdom to
 temper the despotism of an aristocracy 
over their subjects1 and in democracies 
to protect the minority against the     
majority1 and the whole people against  
the tyranny of demagogues4 ,but in these
 unmixed forms of government1 as the    
right of legislation is vested in one   
individual or in one order1 it is       
obvious that the legislative power may  
shake off all the restraints which the  
laws have imposed on it4 ,all such      
governments1 therefore1 tend towards    
despotism1 and the securities which they
 admit against mis-government are       
extremely feeble and precarious4 ,the   
best security which human wisdom can    
devise1 seems to be the distribution of 
political authority among different     

individuals and bodies1 with separate   
interests and separate characters1      
corresponding to the variety of classes 
of which civil society is composed1 each
 interested to guard their own order    
from oppression by the rest2 each also  
interested to prevent any of the others 
from seizing on exclusive1 and therefore
 despotic power2 and all having a common
 interest to co-operate in carrying on  
the ordinary and necessary              
administration of government4 ,if there 
were not an interest to resist each     
other in extraordinary cases1 there     
would not be liberty4 ,if there were not
 an interest to co-operate in the       
ordinary course of affairs1 there could 
be no government4 ,the object of such   
wise institutions which make the        
selfishness of governors a security     
against their injustice1 is to protect  
men against wrong both from their rulers
 and their fellows4 ,such governments   
are1 with justice1 peculiarly and       
emphatically called free2 and in        

ascribing that liberty to the skilful   
combination of mutual dependence and    
mutual check1 ,i feel my own conviction 
greatly strengthened by calling to mind1
 that in this opinion ,i agree with all 
the wise men who have ever deeply       
considered the principles of politics2  
with ,aristotle and ,polybius1 with     
,cicero and ,tacitus1 with ,bacon and   
,machiavel1 with ,montesquieu and       
,hume4#bb ,it is impossible in such a   
cursory sketch as the present1 even to  
allude to a very small part of those    
philosophical principles1 political     
reasonings1 and historical facts1 which 
are necessary for the illustration of   
this momentous subject4 ,in a full      
discussion of it ,i shall be obliged to 
examine the general frame of the most   
celebrated governments of ancient and   
modern times1 and especially of those   
which have been most renowned for their 
freedom4 ,the result of such an         
examination will be1 that no institution
 so detestable as an absolutely         

unbalanced government1 perhaps ever     
existed2 that the simple governments are
 mere creatures of the imagination of   
theorists1 who have transformed names   
used for the convenience of arrangement 
into real polities2 that1 as            
constitutions of government approach    
more nearly to that unmixed and         
uncontrolled simplicity they become     
despotic1 and as they recede farther    
from that simplicity they become free4  
,by the constitution of a state1 ,i mean
 the body of those written and unwritten
 fundamental laws which regulate the    
most important rights of the higher     
magistrates1 and the most essential     
privileges#bc of the subjects4 ,such a  
body of political laws must in all      
countries arise out of the character and
 situation of a people2 they must grow  
with its progress1 be adapted to its    
peculiarities1 change with its changes2 
and be incorporated into its habits4    
,human wisdom cannot form such a        
constitution by one act1 for human      

wisdom cannot create the materials of   
which it is composed4 ,the attempt1     
always ineffectual1 to change by        
violence the ancient habits of men1 and 
the established order of society1 so as 
to fit them for an absolutely new scheme
 of government1 flows from the most     
presumptuous ignorance1 requires the    
support of the most ferocious tyranny1  
and leads to consequences which its     
authors can never foresee2 generally1   
indeed1 to institutions the most        
opposite to those of which they profess 
to seek the establishment4#bd ,but human
 wisdom indefatigably employed for      
remedying abuses1 and in seizing        
favourable opportunities of improving   
that order of society which arises from 
causes over which we have little        
control1 after the reforms and          
amendments of a series of ages1 has     
sometimes1 though very rarely1#be shewn 
itself capable of building up a free    
constitution1 which is the growth of    
time and nature1 rather than the work of

 human invention4 ,such a constitution  
can only be formed by the wise imitation
 of the great innovator ,,time1 which1  
indeed1 innovateth greatly1 but quietly1
 and by degrees scarce to be            
perceived4#bf ,without descending to the
 puerile ostentation of panegyric1 on   
that of which all mankind confess the   
excellence1 ,i may observe1 with truth  
and soberness1 that a free government   
not only establishes an universal       
security against wrong1 but that it also
 cherishes all the noblest powers of the
 human mind2 that it tends to banish    
both the mean and the ferocious vices2  
that it improves the national character 
to which it is adapted1 and out of which
 it grows2 that its whole administration
 is a practical school of honesty and   
humanity2 and that there the social     
affections1 expanded into public spirit1
 gain a wider sphere1 and a more active 
spring4  ,i shall conclude what ,i have 
to offer on government1 by an account of
 the constitution of ,england4 ,i shall 

endeavour to trace the progress of that 
constitution by the light of history1 of
 laws1 and of records1 from the earliest
 times to the present age2 and to shew  
how the general principles of liberty1  
originally common to it1 with the other 
,gothic monarchies of ,europe1 but in   
other countries lost or obscured1 were  
in this more fortunate island preserved1
 matured1 and adapted to the progress of
 civilization4 ,i shall attempt to      
exhibit this most complicated machine1  
as our history and our laws shew it in  
action2 and not as some celebrated      
writers have most imperfectly           
represented it1 who have torn out a few 
of its more simple springs1 and1 putting
 them together1 miscall them the        
,british constitution4 ,so prevalent1   
indeed1 have these imperfect            
representations hitherto been1 that ,i  
will venture to affirm1 there is        
scarcely any subject which has been less
 treated as it deserved than the        
government of ,england4 ,philosophers of

 great and merited reputation#bg have   
told us that it consisted of certain    
portions of monarchy1 aristocracy1 and  
democracy2 names which are1 in truth1   
very little applicable1 and which1 if   
they were1 would as little give an idea 
of this government1 as an account of the
 weight of bone1 of flesh1 and of blood 
in a human body1 would be a picture of a
 living man4 ,nothing but a patient and 
minute investigation of the practice of 
the government in all its parts1 and    
through its whole history1 can give us  
just notions on this important subject4 
,if a lawyer1 without a philosophical   
spirit1 be unequal to the examination of
 this great work of liberty and wisdom1 
still more unequal is a philosopher     
without practical1 legal1 and historical
 knowledge2 for the first may want      
skill1 but the second wants materials4  
,the observations of ,lord ,bacon on    
political writers1 in general1 are most 
applicable to those who have given us   
systematic descriptions of the ,english 

constitution4 ,all those who have       
written of governments have written as  
philosophers1 or as lawyers1 and none as
 statesmen4 ,as for the philosophers1   
they make imaginary laws for imaginary  
commonwealths1 and their discourses are 
as the stars1 which give little light   
because they are so high4--,hc cognitio 
ad viros civiles propri pertinet1 as he 
tells us in another part of his         
writings2 but unfortunately no          
experienced philosophical ,british      
statesman has yet devoted his leisure to
 a delineation of the constitution1     
which such a statesman alone can        
practically and perfectly know4  ,in the
 discussion of this great subject1 and  
in all reasonings on the principles of  
politics1 ,i shall labour1 above all    
things1 to avoid that which appears to  
me to have been the constant source of  
political error3 ,i mean the attempt to 
give an air of system1 of simplicity1   
and of rigorous demonstration1 to       
subjects which do not admit it4 ,the    

only means by which this could be done1 
was by referring to a few simple causes1
 what1 in truth1 arose from immense and 
intricate combinations1 and successions 
of causes4 ,the consequence was very    
obvious4 ,the system of the theorist1   
disencumbered from all regard to the    
real nature of things1 easily assumed an
 air of speciousness4 ,it required      
little dexterity to make his argument   
appear conclusive4 ,but all men agreed  
that it was utterly inapplicable to     
human affairs4 ,the theorist railed at  
the folly of the world1 instead of      
confessing his own2 and the men of      
practice unjustly blamed philosophy1    
instead of condemning the sophist4 ,the 
causes which the politician has to      
consider are1 above all others1         
multiplied1 mutable1 minute1 subtile1   
and1 if ,i may so speak1 evanescent2    
perpetually changing their form1 and    
varying their combinations2 losing their
 nature1 while they keep their name2    
exhibiting the most different           

consequences in the endless variety of  
men and nations on whom they operate2 in
 one degree of strength producing the   
most signal benefit2 and1 under a slight
 variation of circumstances1 the most   
tremendous mischiefs4 ,they admit indeed
 of being reduced to theory2 but to a   
theory formed on the most extensive     
views1 of the most comprehensive and    
flexible principles1 to embrace all     
their varieties1 and to fit all their   
rapid transmigrations2 a theory1 of     
which the most fundamental maxim is1    
distrust in itself1 and deference for   
practical prudence4 ,only two writers of
 former times have1 as far as ,i know1  
observed this general defect of         
political reasoners2 but these two are  
the greatest philosophers who have ever 
appeared in the world4 ,the first of    
them is ,aristotle1 who1 in a passage of
 his ,politics1 to which ,i cannot at   
this moment turn1 plainly condemns the  
pursuit of a delusive geometrical       
accuracy in moral reasonings as the     

constant source of the grossest error4  
,the second is ,lord ,bacon1 who tells  
us1 with that authority of conscious    
wisdom which belongs to him1 and with   
that power of richly adorning truth from
 the wardrobe of genius which he        
possessed above almost all men1 ,civil  
knowledge is conversant about a subject 
which1 above all others1 is most        
immersed in matter1 and hardliest       
reduced to axiom4#bh   ,,iv4 ,i shall   
next endeavour to lay open the general  
principles of civil and criminal laws4  
,on this subject ,i may with some       
confidence hope that ,i shall be enabled
 to philosophise with better materials  
by my acquaintance with the law of my   
own country1 which it is the business of
 my life to practise1 and of which the  
study has by habit become my favourite  
pursuit4  ,the first principles of      
jurisprudence are simple maxims of      
reason1 of which the observance is      
immediately discovered by experience to 
be essential to the security of men's   

rights1 and which pervade the laws of   
all countries4 ,an account of the       
gradual application of these original   
principles1 first1 to more simple1 and  
afterwards to more complicated cases1   
forms both the history and the theory of
 law4 ,such an historical account of the
 progress of men1 in reducing justice to
 an applicable and practical system1    
will enable us to trace that chain1 in  
which so many breaks and interruptions  
are perceived by superficial observers1 
but which in truth inseparably1 though  
with many dark and hidden windings1     
links together the security of life and 
property with the most minute and       
apparently frivolous formalities of     
legal proceeding4 ,we shall perceive    
that no human foresight is sufficient to
 establish such a system at once1 and   
that1 if it were so established1 the    
occurrence of unforeseen cases would    
shortly altogether change it2 that there
 is but one way of forming a civil code1
 either consistent with common sense1 or

 that has ever been practised in any    
country1 namely1 that of gradually      
building up the law in proportion as the
 facts arise which it is to regulate4   
,we shall learn to appreciate the merit 
of vulgar objections against the        
subtlety and complexity of laws4 ,we    
shall estimate the good sense and the   
gratitude of those who reproach lawyers 
for employing all the powers of their   
mind to discover subtle distinctions for
 the prevention of injustice2#bi and we 
shall at once perceive that laws ought  
to be neither more simple nor more      
complex than the state of society which 
they are to govern1 but that they ought 
exactly to correspond to it4 ,of the two
 faults1 however1 the excess of         
simplicity would certainly be the       
greatest2 for laws1 more complex than   
are necessary1 would only produce       
embarrassment2 whereas laws more simple 
than the affairs which they regulate    
would occasion a defect of justice4     
,more understanding#cj has perhaps been 

in this manner exerted to fix the rules 
of life than in any other science2 and  
it is certainly the most honourable     
occupation of the understanding1 because
 it is the most immediately subservient 
to general safety and comfort4 ,there is
 not1 in my opinion1 in the whole       
compass of human affairs1 so noble a    
spectacle as that which is displayed in 
the progress of jurisprudence2 where we 
may contemplate the cautious and        
unwearied exertions of a succession of  
wise men through a long course of ages2 
withdrawing every case as it arises from
 the dangerous power of discretion1 and 
subjecting it to inflexible rules2      
extending the dominion of justice and   
reason1 and gradually contracting1      
within the narrowest possible limits1   
the domain of brutal force and of       
arbitrary will4 ,this subject has been  
treated with such dignity by a writer   
who is admired by all mankind for his   
eloquence1 but who is1 if possible1     
still more admired by all competent     

judges for his philosophy2 a writer1 of 
whom ,i may justly say1 that he was     
gravissimus et dicendi et intelligendi  
auctor et magister2 that ,i cannot      
refuse myself the gratification of      
quoting his words3--,the science of     
jurisprudence1 the pride of the human   
intellect1 which1 with all its defects1 
redundancies1 and errors1 is the        
collected reason of ages combining the  
principles of original justice with the 
infinite variety of human concerns4#ca  
,i shall exemplify the progress of law1 
and illustrate those principles of      
universal justice on which it is        
founded1 by a comparative review of the 
two greatest civil codes that have been 
hitherto formed--those of ,rome and of  
,england2#cb of their agreements and    
disagreements1 both in general          
provisions1 and in some of the most     
important parts of their minute         
practice4 ,in this part of the course1  
which ,i mean to pursue with such detail
 as to give a view of both codes1 that  

may perhaps be sufficient for the       
purposes of the general student1 ,i hope
 to convince him that the laws of       
civilised nations1 particularly those of
 his own1 are a subject most worthy of  
scientific curiosity2 that principle and
 system run through them even to the    
minutest particular1 as really1 though  
not so apparently1 as in other sciences1
 and applied to purposes more important 
than in any other science4 ,will it be  
presumptuous to express a hope1 that    
such an inquiry may not be altogether an
 useless introduction to that larger and
 more detailed study of the law of      
,england1 which is the duty of those who
 are to profess and practise that law4  
,in considering the important subject of
 criminal law it will be my duty to     
found1 on a regard to the general       
safety1 the right of the magistrate to  
inflict punishments1 even the most      
severe1 if that safety cannot be        
effectually protected by the example of 
inferior punishments4 ,it will be a more

 agreeable part of my office to explain 
the temperaments which ,wisdom1 as well 
as ,humanity1 prescribes in the exercise
 of that harsh right1 unfortunately so  
essential to the preservation of human  
society4 ,i shall collate the penal     
codes of different nations1 and gather  
together the most accurate statement of 
the result of experience with respect to
 the efficacy of lenient and severe     
punishments2 and ,i shall endeavour to  
ascertain the principles on which must  
be founded both the proportion and the  
appropriation of penalties to crimes4   
,as to the law of criminal proceeding1  
my labour will be very easy2 for on that
 subject an ,english lawyer1 if he were 
to delineate the model of perfection1   
would find that1 with few exceptions1 he
 had transcribed the institutions of his
 own country4 ,the whole subject of my  
lectures1 of which ,i have now given the
 outline1 may be summed up in1 the words
 of ,cicero3--,natura enim juris        
explicanda est nobis1 eaque ab hominis  

repetenda natur2 considerand leges      
quibus civitates regi debeant2 tum hc   
tractanda1 qu composita sunt et         
descripta1 jura et jussa populorum2 in  
quibus4--,cic4 de ,leg4 lib4 i4 c4 #e4  
,v4 ,the next great division of the     
subject is the law of nations1 strictly 
and properly so called4 ,i have already 
hinted at the general principles on     
which this law is founded4 ,they1 like  
all the principles of natural           
jurisprudence1 have been more happily   
cultivated1 and more generally obeyed1  
in some ages and countries than in      
others2 and1 like them1 are susceptible 
of great variety in their application1  
from the character and usages of        
nations4 ,i shall consider these        
principles in the gradation of those    
which are necessary to any tolerable    
intercourse between nations2 those which
 are essential to all well-regulated and
 mutually advantageous intercourse2 and 
those which are highly conducive to the 
preservation of a mild and friendly     

intercourse between civilised states4   
,of the first class1 every understanding
 acknowledges the necessity1 and some   
traces of a faint reverence for them are
 discovered even among the most         
barbarous tribes2 of the second1 every  
well-informed man perceives the         
important use1 and they have generally  
been respected by all polished nations2 
of the third1 the great benefit may be  
read in the history of modern ,europe1  
where alone they have been carried to   
their full perfection4 ,in unfolding the
 first and second class of principles1  
,i shall naturally be led to give an    
account of that law of nations1 which1  
in greater or less perfection1 regulated
 the intercourse of savages1 of the     
,asiatic empires1 and of the ancient    
republics4 ,the third brings me to the  
consideration of the law of nations1 as 
it is now acknowledged in ,christendom4 
,from the great extent of the subject1  
and the particularity to which1 for     
reasons already given1 ,i must here     

descend1 it is impossible for me1 within
 any moderate compass1 to give even an  
outline of this part of the course4 ,it 
comprehends1 as every reader will       
perceive1 the principles of national    
independence1 the intercourse of nations
 in peace1 the privileges of embassadors
 and inferior ministers1 the commerce of
 private subjects1 the grounds of just  
war1 the mutual duties of belligerent   
and neutral powers1 the limits of lawful
 hostility1 the rights of conquest1 the 
faith to be observed in warfare1 the    
force of an armistice1 of safe conducts 
and passports1 the nature and obligation
 of alliances1 the means of negotiation1
 and the authority and interpretation of
 treaties of peace4 ,all these1 and many
 other most important and complicated   
subjects1 with all the variety of moral 
reasoning1 and historical examples1     
which is necessary to illustrate them1  
must be fully examined in this part of  
the lectures1 in which ,i shall         
endeavour to put together a tolerably   

complete practical system of the law of 
nations1 as it has for the last two     
centuries been recognised in ,europe4   
,le droit des gens est naturellement    
fond sur ce principe1 que les diverses  
nations doivent se faire1 dans la paix1 
le plus de bien1 et dans la guerre le   
moins de mal1 qu'il est possible1 sans  
nuire  leurs vritables intrts4  ,l'objet
 de la guerre c'est la victoire2 celui  
de la victoire la conqute2 celui de la  
conqute la conservation4 ,de ce principe
 et du prcdent1 doivent driver toutes   
les loix qui forment le droit des gens4 
,toutes les nations ont un droit des    
gens2 les ,iroquois mme qui mangent     
leurs prisonniers en ont un4 ,ils       
envoient et reoivent des embassades2 ils
 connoissent les droits de la guerre et 
de la paix3 le mal est que ce droit des 
gens n'est pas fond sur les vrais       
principes4 ,de l',esprit des ,loix1 liv4
 i4 c4 #c4   ,,vi4 ,as an important     
supplement to the practical system of   
our modern law of nations1 or rather as 

a necessary part of it1 ,i shall        
conclude with a survey of the diplomatic
 and conventional law of ,europe2 of the
 treaties which have materially affected
 the distribution of power and territory
 among the ,european states2 the        
circumstances which gave rise to them1  
the changes which they effected1 and the
 principles which they introduced into  
the public code of the ,christian       
commonwealth4 ,in ancient times the     
knowledge of this conventional law was  
thought one of the greatest praises that
 could be bestowed on a name loaded with
 all the honours that eminence in the   
arts of peace and of war can confer3    
,equidem existimo1 judices1 cm in omni  
genere ac varietate artium1 etiam       
illarum1 qu sine summo otio non facil   
discuntur1 ,cn4 ,pompeius excellat1     
singularem quandam laudem ejus et       
prstabilem esse scientiam1 in fderibus1 
pactionibus1 conditionibus1 populorum1  
regum1 exterarum nationum3 in universo  
denique bellijure ac pacis4--,cic4      

,orat4 pro ,l4 ,corn4 ,balbo1 c4 #f4    
,information on this subject is         
scattered over an immense variety of    
voluminous compilations2 not accessible 
to every one1 and of which the perusal  
can be agreeable only to very few4 ,yet 
so much of these treaties has been      
embodied into the general law of        
,europe1 that no man can be master of it
 who is not acquainted with them4 ,the  
knowledge of them is necessary to       
negotiators and statesmen2 it may       
sometimes be important to private men in
 various situations in which they may be
 placed2 it is useful to all men who    
wish either to be acquainted with modern
 history1 or to form a sound judgment on
 political measures4 ,i shall endeavour 
to give such an abstract of it as may be
 sufficient for some1 and a convenient  
guide for others in the farther progress
 of their studies4 ,the treaties1 which 
,i shall more particularly consider1    
will be those of ,westphalia1 of ,oliva1
 of the ,pyrenees1 of ,breda1 of        

,nimeguen1 of ,ryswick1 of ,utrecht1 of 
,aix-la-,chapelle1 of ,paris 7#agfc71   
and of ,versailles 7#aghc74 ,i shall    
shortly explain the other treaties1 of  
which the stipulations are either       
alluded to1 confirmed1 or abrogated in  
those which ,i consider at length4 ,i   
shall subjoin an account of the         
diplomatic intercourse of the ,european 
powers with the ,ottoman ,porte1 and    
with other princes and states who are   
without the pale of our ordinary federal
 law2 together with a view of the most  
important treaties of commerce1 their   
principles1 and their consequences4  ,as
 an useful appendix to a practical      
treatise on the law of nations1 some    
account will be given of those tribunals
 which in different countries of ,europe
 decide controversies arising out of    
that law2 of their constitution1 of the 
extent of their authority1 and of their 
modes of proceeding2 more especially of 
those courts which are peculiarly       
appointed for that purpose by the laws  

of ,great ,britain4  ,though the course1
 of which ,i have sketched the outline1 
may seem to comprehend so great a       
variety of miscellaneous subjects1 yet  
they are all in truth closely and       
inseparably interwoven4 ,the duties of  
men1 of subjects1 of princes1 of        
law-givers1 of magistrates1 and of      
states1 are all parts of one consistent 
system of universal morality4 ,between  
the most abstract and elementary maxim  
of moral philosophy1 and the most       
complicated controversies of civil or   
public law1 there subsists a connexion  
which it will be the main object of     
these lectures to trace4 ,the principle 
of justice1 deeply rooted in the nature 
and interest of man1 pervades the whole 
system1 and is discoverable in every    
part of it1 even to its minutest        
ramification in a legal formality1 or in
 the construction of an article in a    
treaty4  ,i know not whether a          
philosopher ought to confess1 that in   
his inquiries after truth he is biased  

by any consideration2 even by the love  
of virtue4 ,but ,i1 who conceive that a 
real philosopher ought to regard truth  
itself chiefly on account of its        
subserviency to the happiness of        
mankind1 am not ashamed to confess1 that
 ,i shall feel a great consolation at   
the conclusion of these lectures1 if1 by
 a wide survey and an exact examination 
of the conditions and relations of human
 nature1 ,i shall have confirmed but one
 individual in the conviction1 that     
justice is the permanent interest of all
 men1 and of all commonwealths4 ,to     
discover one new link of that eternal   
chain by which the ,author of the       
universe has bound together the         
happiness and the duty of his creatures1
 and indissolubly fastened their        
interests to each other1 would fill my  
heart with more pleasure than all the   
fame with which the most ingenious      
paradox ever crowned the most eloquent  
sophist4  ,i shall conclude this        
,discourse in the noble language of two 

great orators and philosophers1 who     
have1 in a few words1 stated the        
substance1 the object1 and the result of
 all morality1 and politics1 and law4   
,nihil est quod adhuc de republic putem 
dictum1 et quo possim longius progredi1 
nisi sit confirmatum1 non modo falsum   
esse illud1 sine injuri non posse1 sed  
hoc verissimum1 sine summ justiti       
rempublicam regi non posse4--,cic4      
,frag4 lib4 ii4 de ,repub4  ,justice is 
itself the great standing policy of     
civil society1 and any eminent departure
 from it1 under any circumstances1 lies 
under the suspicion of being no policy  
at all4--,burke's ,works1 vol4 iii4 p4  
#bjg4     ,,footnotes  #a ,see ,a       
,syllabus of ,lectures on the ,law of   
,england1 to be delivered in            
,lincoln's-,inn ,hall by ,m4 ,nolan1    
,esq4 ,london1 #agif4  #b ,i have not   
been deterred by some petty incongruity 
of metaphor from quoting this noble     
sentence4 ,mr4 ,hume had1 perhaps1 this 
sentence in his recollection1 when he   

wrote a remarkable passage of his works4
 ,see ,hume's ,essays1 vol4 ii4 p4 #ceb4
 ed4 ,lond4 #aghh4  #c ,the learned     
reader is aware that the jus natur and  
jus gentium of the ,roman lawyers are   
phrases of very different import from   
the modern phrases1 law of nature and   
law of nations4 ,jus naturale1 says     
,ulpian1 est quod natura omnia animalia 
docuit4 ,d4 ,i4 ,i4 ,i4 #c4 ,quod       
naturalis ratio inter omnes homines     
constituit1 id que apud omnes perque    
custoditur vocaturque jus gentium4 ,d4  
,i4 ,i4 #i4 ,but they sometimes neglect 
this subtle distinction--,jure naturali 
quod appellatur jus gentium4 ,i4 #b4 ,i4
 ,,ii4 ,jus feciale was the ,roman term 
for our law of nations4 ,belli quidem   
quitas sanctissim populi ,rom4 feciali  
jure perscripta est4 ,off4 ,i4 ,,ii4    
,our learned civilian ,zouch has        
accordingly entitled his work1 ,de ,jure
 ,feciali1 sive de ,jure inter ,gentes4 
,the ,chancellor ,d',aguesseau1 probably
 without knowing the work of ,zouch1    

suggested that this law should be       
called1 ,droit entre les ,gens1         
7,oeuvres1 tom4 ii4 p4 #ccg47 in which  
he has been followed by a late ingenious
 writer1 ,mr4 ,bentham1 ,princ4 of      
,morals and ,pol4 p4 #cbd4 ,perhaps     
these learned writers do employ a phrase
 which expresses the subject of this law
 with more accuracy than our common     
language2 but ,i doubt whether          
innovations in the terms of science     
always repay us by their superior       
precision for the uncertainty and       
confusion which the change occasions4   
#d ,this remark is suggested by an      
objection of ,vattel1 which is more     
specious than solid4 ,see his ,prelim4  
#f4  #e ,est quidem vera lex1 recta     
ratio1 natur congruens1 diffusa in      
omnes1 constans1 sempiterna1 qu vocet ad
 officium jubendo1 vetando  fraude      
deterreat1 qu tamen neque probos frustra
 jubet aut vetat1 neque improbos jubendo
 aut vetando movet4 ,huic legi neque    
obrogari fas est1 neque derogari ex hac 

aliquid licet1 neque tota abrogari      
potest4 ,nec ver aut per senatum aut per
 populum solvi hac lege possumus4 ,neque
 est qurendus explanator aut interpres  
ejus alius4 ,nec erit alia lex ,rom1    
alia ,athenis1 alia nunc1 alia posthac1 
sed et omnes gentes et omni tempore una 
lex et sempiterna1 et immortalis        
continebit1 unusque erit communis quasi 
magister et imperator omnium ,deus4     
,ille legis hujus inventor1 disceptator1
 lator1 cui qui non parebit ipse se     
fugiet et naturam hominis aspernabitur1 
atque hoc ipso luet maximas poenas      
etiamsi ctera supplicia qu putantur     
effugerit4--,fragm4 lib4 iii4 ,cicer4 de
 ,republ4 apud ,lactant4  ,it is        
impossible to read such precious        
fragments without deploring the loss of 
a work which1 for the benefit of all    
generations1 should have been immortal4 
#f ,age ver urbibus constitutis ut fidem
 colere et justitiam retinere discerent 
et aliis parere su voluntate            
consuescerent1 ac non mod labores       

excipiendos communis commodi caus sed   
etiam vitam amittendam existimarent2 qui
 tandem fieri potuit nisi homines ea qu 
ratione invenissent eloquenti persuadere
 potuissent4--,cic4 de ,inv4 ,rhet4 lib4
 i4 in prom4  #g ,greek3 ,dichaimata tt 
polimt4  #h ,cujacius1 ,brissonius1     
,hottomannus1 c4 c4--,vide ,gravina     
,orig4 ,jur4 ,civil4 pp4 #acb-ch4 edit4 
,lips4 #agcg4  ,leibnitz2 a great       
mathematician as well as philosopher1   
declares that he knows nothing which    
approaches so near to the method and    
precision of geometry as the ,roman     
law4--,op4 tom4 iv4 p4 #bed4  #i        
,proavia juris civilis4--,de ,jur4      
,bell4 ac ,pac4 ,proleg4  #af4  #aj ,dr4
 ,paley1 ,princ4 of ,mor4 and ,polit4   
,philos4 ,pref4 pp4 xiv4 and xv4  #aa   
,grot4 ,jur4 ,bell4 et ,pac4 ,proleg4   
#dj4  #ab ,i do not mean to impeach the 
soundness of any part of ,puffendorff's 
reasoning founded on moral entities4 ,it
 may be explained in a manner consistent
 with the most just philosophy4 ,he     

used1 as every writer must do1 the      
scientific language of his own time4 ,i 
only assert that1 to those who are      
unacquainted with ancient systems1 his  
philosophical vocabulary is obsolete and
 unintelligible4  #ac ,i cannot prevail 
on myself to pass over this subject     
without paying my humble tribute to the 
memory of ,sir ,w4 ,jones1 who has      
laboured so successfully in ,oriental   
literature1 whose fine genius1 pure     
taste1 unwearied industry1 unrivalled   
and almost prodigious variety of        
acquirements1 not to speak of his       
amiable manners and spotless integrity1 
must fill every one who cultivates or   
admires letters with reverence1 tinged  
with a melancholy which the recollection
 of his recent death is so well adapted 
to inspire4 ,i hope ,i shall be pardoned
 if ,i add my applause to the genius and
 learning of ,mr4 ,maurice1 who treads  
in the steps of his illustrious friend1 
and who has bewailed his death in a     
strain of genuine and beautiful poetry1 

not unworthy of happier periods of our  
,english literature4  #ad ,especially   
those chapters of the third book1       
entitled1 ,temperamentum circa          
,captivos1 c4 c4  #ae ,natura enim juris
 explicanda est nobis1 eaque ab hominis 
repetenda natur4--,cic4 de ,leg4 lib i4 
c4 #e4  #af ,est autem virtus nihil     
aliud quam in se perfecta atque ad      
summum perducta natura4--,cic4 de ,leg4 
lib4 i4 c4 #h4  #ag ,search's ,light of 
,nature1 by ,abraham ,tucker1 esq41 vol4
 i4 pref4 p4 xxxiii4  #ah ,bacon1 ,dign4
 and ,adv4 of ,learn4 book ii4  #ai ,see
 on this subject an incomparable        
fragment of the first book of ,cicero's 
,economics1 which is too long for       
insertion here1 but which1 if it be     
closely examined1 may perhaps dispel the
 illusion of those gentlemen1 who have  
so strangely taken it for granted1 that 
,cicero was incapable of exact          
reasoning4  #bj ,this progress is traced
 with great accuracy in some beautiful  
lines of ,lucretius3       ---- ,mulier 

conjuncta viro concessit in unum1       
castaque privat veneris connubia lta    
cognita sunt1 prolemque ex se vidre     
coortam3      ,,tum ,,genus ,,humanum   
,,primum ,,mollescere ,,coepit4         
---- puerisque parentum      ,blanditiis
 facile ingenium fregere superbum4      
,tunc et amicitiam coeperunt jungere    
habentes      ,finitima inter se1 nec   
ldere nec violare4      ,et pueros      
commendrunt muliebreque sclum           
,vocibus et gestu cum balb significarent
      ,,imbecillorum ,,esse ,,quum      
,,miserier ,,omnium4                    
,lucret4 lib4 v4 #a4 #ajaj-bb4  #ba ,the
 introduction to the first book of      
,aristotle's ,politics is the best      
demonstration of the necessity of       
political society to the well-being1 and
 indeed to the very being1 of man1 with 
which ,i am acquainted4 ,having shewn   
the circumstances which render man      
necessarily a social being1 he justly   
concludes1 ,greek3 ,kai oti anthropos   
physei politikon zon4--,arist4 de ,rep4 

lib4 i4  ,the same scheme of philosophy 
is admirably pursued in the short1 but  
invaluable fragment of the sixth book of
 ,polybius1 which describes the history 
and revolutions of government4  #bb ,to 
the weight of these great names let me  
add the opinion of two illustrious men  
of the present age1 as both their       
opinions are combined by one of them in 
the following passage3 ,he 7,mr4 ,fox7  
always thought any of the simple        
unbalanced governments bad2 simple      
monarchy1 simple aristocracy1 simple    
democracy2 he held them all imperfect or
 vicious1 all were bad by themselves2   
the composition alone was good4 ,these  
had been always his principles1 in which
 he agreed with his friend1 ,mr4        
,burke4--,mr4 ,fox on the ,army         
,estimates1 #ith ,feb4 #agij4  ,in      
speaking of both these illustrious men1 
whose names ,i here join1 as they will  
be joined in fame by posterity1 which   
will forget their temporary differences 
in the recollection of their genius and 

their friendship1 ,i do not entertain   
the vain imagination that ,i can add to 
their glory by any thing that ,i can    
say4 ,but it is a gratification to me to
 give utterance to my feelings2 to      
express the profound veneration with    
which ,i am filled for the memory of the
 one1 and the warm affection which ,i   
cherish for the other1 whom no one ever 
heard in public without admiration1 or  
knew in private life without loving4    
#bc ,privilege1 in ,roman jurisprudence1
 means the exemption of one individual  
from the operation of a law4 ,political 
privileges1 in the sense in which ,i    
employ the terms1 mean those rights of  
the subjects of a free state1 which are 
deemed so essential to the well-being of
 the commonwealth1 that they are        
excepted from the ordinary discretion of
 the magistrate1 and guarded by the same
 fundamental laws which secure his      
authority4  #bd ,see an admirable       
passage on this subject in ,dr4 ,smith's
 ,theory of ,moral ,sentiments1 vol4 ii4

 pp4 #aja-aab1 in which the true        
doctrine of reformation is laid down    
with singular ability by that eloquent  
and philosophical writer4--,see also    
,mr4 ,burke's ,speech on ,economical    
,reform2 and ,sir ,m4 ,hale on the      
,amendment of ,laws1 in the collection  
of my learned and most excellent friend1
 ,mr4 ,hargrave1 p4 #bdh4  #be ,pour    
former un gouvernement modr1 il faut    
combiner les puissances1 les rgler1 les 
temprer1 les faire agir1 donner pour    
ainsi dire un lest  l'une pour la mettre
 en tat de rsister  une autre1 c'est un 
chef-d'oeuvre de lgislation que le      
hasard fait rarement1 et que rarement on
 laisse faire  la prudence4 ,un         
gouvernement despotique au contraire    
saute pour ainsi dire aux yeux2 il est  
uniforme partout3 comme il ne faut que  
des passions pour l'tablir tout le monde
 est bon pour cela4--,montesquieu1 de   
l',esprit des ,loix1 liv4 v4 c4 #ad4    
#bf ,lord ,bacon1 ,essay xxiv4 ,of      
,innovations4  #bg ,the reader will     

perceive that ,i allude to              
,,montesquieu1 whom ,i never name       
without reverence1 though ,i shall      
presume1 with humility1 to criticise his
 account of a government which he only  
saw at a distance4  #bh ,this principle 
is expressed by a writer of a very      
different character from these two great
 philosophers2 a writer1 qu'on          
n'appellera plus philosophe1 mais qu'on 
appellera le plus loquent des sophistes1
 with great force1 and1 as his manner   
is1 with some exaggeration4  ,il n'y a  
point de principes abstraits dans la    
politique4 ,c'est une science des       
calculs1 des combinaisons1 et des       
exceptions1 selon les lieux1 les tems1  
et les circonstances4--,lettre de       
,rousseau au ,marquis de ,mirabeau4     
,the second proposition is true2 but the
 first is not a just inference from it4 
#bi ,the casuistical subtleties are not 
perhaps greater than the subtleties of  
lawyers2 but the latter are innocent1   
and even necessary4--,,hume's ,essays1  

vol4 ii4 p4 #eeh4  #cj ,law1 said ,dr4  
,johnson1 is the science in which the   
greatest powers of understanding are    
applied to the greatest number of facts4
 ,nobody1 who is acquainted with the    
variety and multiplicity of the subjects
 of jurisprudence1 and with the         
prodigious powers of discrimination     
employed upon them1 can doubt the truth 
of this observation4  #ca ,burke's      
,works1 vol4 iii4 p4 #acd4  #cb ,on the 
intimate connexion of these two codes1  
let us hear the words of ,lord ,holt1   
whose name never can be pronounced      
without veneration1 as long as wisdom   
and integrity are revered among         
men3--,inasmuch as the laws of all      
nations are doubtless raised out of the 
ruins of the civil law1 as all          
governments are sprung out of the ruins 
of the ,roman empire1 it must be owned  
that the principles of our law are      
borrowed from the civil law1 therefore  
grounded upon the same reason in many   
things4--#ab ,mod4 #dhb4                

,,finis4              ,j4 ,,moyes1      
,,took',s ,,court1 ,,chancery ,,lane4