PART XIII

underflanding it^conform themfelves to it out of fear of the punifhments threained by the Laws and or¬ dained by the more prudent^ againfl fuch as had no regard to this utility.^ the greater part of the multi¬ tude admitting them as legal.
For none of the Laws written or not written that have been derived to us, and fhaU be tranfmitttd to our pojierity.^ did atfirft fubjift by any force or vio¬ lence.^ but (^ as 1 faid, ) merely by the confent of thofe who ujed it. For it was prudence., not jlrength of Body or imperious fway, wherein they., who fetled thefe Laws upon the People fTranfeended the Vulgar ; and this., by inducing fome men to confider, what would be profitable, ( efpecial'y when they did not be¬ fore fo well underfiand it as they ought, ) and by Terrifying others with the greatnefs of the Punifh¬ ments. Nor could they indeed make ufe of any other remedy for cure of the peoples ignorance of this uti¬ lity, than fear of the punifhmtnt preferibed by the Law. For even now alfo^ it is fear alone,that keeps the ordinary fort of men within the bounds of their duty, and hinders them from committing any thing againfl either the publick or private good.
Now if all men could alike under ft and, and bear in mind what is truly profitable, they fhould need no Laws at all, but would of their own accord beware of doing fuch things as the Laws for bid,and do what they enjoy n : Since only to know what is profitable and what hurtful, vs more than fufficient, to induce them to avoid thisy and perfue that. But as for thofe, who difeern not what is beneficial, what hurt¬ ful, doubtlefs the comminution of punifhment againfl fuch is highly me ejf ary ',infomuch, as the fear of the punifhment impendent caufeth them to fupprefs and bridle thofe heats of their pajfions, which inftigate them to unjuft a£iions,and in a manner compel them, though againfl their wills, to do what is right.
Hereupon was it, the Law-makers ordained, that even involuntary killing of a man fhould not be free from aU muld and puntjhment. Not that they might not, to fuch as were apt to commit wilful murder^ give any occafsan of pretext or cxcufe,to imitate that on fet purpofe which the others did unwittingly •, but left they might feem not to have ufed fufficient caution,aud diligence as to this particular, whereupon many things would fall out, which indeed were not involuntary. Nor could this courfe but prove bene¬ ficial for the fame caufes, for which men were ex- prejfely prohibited to kill each other. So that confi- dering, that, of thefe aiiions, of this kind, that are dene involuntarily, fome happen ft om a caufe, that could not before feen,nor prevented by human nature^ others meerly through our negligence, and hcedlefnefs of the imminent danger • therefore to prevent negli¬ gence, which might tend to the deflruB ton of others, they provided, that even the involuntary ailion fhould not pafs altogether unchafpifed, but took away the frequency of this fin, by the fear of Law.
Moreover 1 conceive,that even thofe /laughters of men, which were permitted by the Law, were made liable to thofe accujtomed expiations, by publick Lu- firations,(and that by order of the fameperfons^ who firjl ordained them,') for no other caufe but this,that they had a mind to deter men from involuntary /laughter, which was too too frequent.
For the vulgar fort of men flood in need offam- thing,to reflram them from doing any thing rafhly^ which might not conduce to the publick utility -, which thefe fir ft LaW' makers underflanding, not only de¬ creed fevere punifhments, but withal flrook another
fear