OF THE

LAW

OF

Nature and Nations.

Eight BOOKS.

Written in Latin by the Baron
PUFENDORF, Counsellor
of State to His late SWEDISH
Majesty, and to the present King
of PRUSSIA.

Translated into ENGLISH, from the best Edition.
With a short INTRODUCTION.

OXFORD:
Printed by L. Lichfield, for A. and J. Churchil, R. Sare, H. Bonwick, W. Freeman,
T. Goodwyn, M. Wotton, J. Waltho, S. Manship, J. Nicholson, R. Parker,
B. Tooke. M.DCC.III.


2003 Edition Edited by Jon Roland

Cover Image

Dedication

Preface and Introduction, by Basil Kennett


THE
CONTENTS.

BOOK the First.

CHAP. I.
Of the Origine and Variety of Moral Entities.

Sect 1. Introduction.

2. Human Life govern'd and directed by Moral Entities.

3. Moral Entities, what; together with their Causes and End.

4. The way of producing them, by Imposition: Their Effect and Operation; and whence derived.

5. The Division of Moral Entities.

6 State, what.

7. State, Natural, and Accessory.

8. Peace and War, how defined and divided.

9. Definite, or determinate, States.

10. States bearing a respect to Time.

11. Remarks concerning States.

12. Simple Persons how divided.

13. Compound Persons, of how many kinds.

14. Remarks concerning Moral Persons.

15. Fictitious Persons.

16. Moral Things.

17. The Modes of Morality divided.

18. Titles.

19. Power.

20. Right.

21. The other Moral Qualities.

22. Moral Quantities.

23. Moral Entities, how destroy'd.

CHAP. II.
Of the Certainty of Moral Science.

Sect. 1. Most are wont to deprive Moral Science of Demonstrative Certainty.

2. Demonstration what.

3. The Principles of Demonstration.

4. Whether Demonstration be peculiar to that part of Morality, which treats of the Rectitude and Pravity of Human Actions.

5. The Objection about the Uncertainty of Moral Things, stated.

6. Whether any Thing be good or bad, antecedently to all kinds of Imposition.

7. Whether Natural Modesty be an Argument for the Affirmative.

8. Of the Latitude of Moral Actions, in respect of Quality.

9. Grotius's Opinion examin'd.

10. Moral Things admit of a Latitude with respect to Quantity.

11. What may be styl'd Morally certain.

CHAP. III.
Of the Understanding of Man, as it concurs to Moral Actions.

Sect 1. The two Faculties of the Understanding.

2. The Nature of the Representative Faculty.

3. The Understanding endued with a Natural Rectitude in its Judgment of Moral Things.

4. Conscience, what; and how divided.

5. A Right, and a Probable Conscience.

6. The Rule of a Probable Conscience.

7. Rules about Things Profitable only.

8. A Doubtful Conscience.

9. A Scrupulous Conscience.

10. Ignorance, what; and of how many kinds.

11. Error, how divided.

12. Error concerning Things lawful.

13. Error in Speculation, concerning Things necessary in Practice:

14. Concerning Things indifferent.

15. Practical Error.

16. Error concerning Things evil.

CHAP. IV.
Of the Will of Man, as concurring to Moral Actions.

Sect 1. The Acts of the Will. 2. The Liberty of the Will.

3. The Indifference of the Will a necessary Doctrine.

4. The Will how inclin'd to Good.

5. The Will affected by different Constitutions of Body.

6. By Habits:

7. By the Passions:

8. By Intemperance. 9. Mixt Actions.

10. Involuntary, what.

CHAP. V.
Of Moral Actions in general; and of their Application to the Agent, or their Aptness to be imputed
.

Sect 1. A Moral Action, what:

2. Its Matter:

3. Its Form; together with the proper Notion of a Moral Cause.

4. Moral Actions, formally consider'd, are allways Positive Entities.

5. The Foundation and Reason why a Thing should be imputed, or not.

6. No Imputation of what is done by absolute Necessity:

7. Nor of that which proceeds from the meer Vegetative Power of Nature:

8. Nor of Things Impossible:

9. Nor of what is done upon Force; (with the Case of bare Execution:)

10. Or thro Ignorance:

11. Nor of Dreams:

12. Nor of future Evils.

13. Sinful Actions, tho proceeding from Habit, are in the highest manner liable to Imputation.

14. The Actions of Others how imputed to Us.

CHAP. VI.
Of the Rule of Moral Actions; or, of Law in general.

Sect 1. Law differs from Counsel;

2. And from Covenant;

3. And from Right,

4. Law, what.

5. Obligation, what.

6. What it is to be capable of Obligation.

7. The Person obliged ought to acknowledge a Superior.

8. No Man can stand obliged to himself.

9. The Power of imposing Obligations, whence derived.

10. Not from bare Strength.

11. Nor from Excellency of Nature only.

12. Force, what it adds to Obligations.

13. The Legislator, and the Law ought to be both known.

14. The Essential Parts of a Law.

15. The Permission of a Law, what.

16. The Matter, or Subject, of Laws.

17. Who are property obliged by any Law.

18. The Division of Law in general.

CHAP. VII.
Of the Qualities of Moral Actions.

Sect. 1. Qualities of Moral Actions, how divided.

2. Actions, necessary; and lawful, or allowable.

3. The Good, or Evil of Actions; in what it consists.

4. A Good Action, that in which all Requisites concur; an Evil Action, that in which any one Requisite is wanting.

5. The Cause of Evil by no means to be sought for in GOD.

6. Justice divided with regard to Persons, and Actions.

7. Justice of Actions, what.

8. Universal and Particular Justice.

9. Distributive Justice

10. Commutative Justice.

11. Grotius's Opinion of Justice.

12. Aristotle's Doctrine on the same Head.

13. Hobbes's Notion of Justice and Injury.

14. An Unjust Action, what. 15. Injury, what.

16. Injury supposes deliberate Choice: how it differs from Trespass.

17. Volenti non fit injuria: Nothing can be an Injury, when the Person is willing to receive it.

CHAP. VIII.
Of the Quantity of Moral Actions.

Sect 1. Absolute Quantity of Moral Actions.

2. What Intention necessary, in Conscience:

3. What in Human Law.

4. A Compleat, or Perfect Action, what. 5. Relative Quantity of Moral Actions.

CHAP. IX.
Of the Imputation of Moral Actions.

Sect. 1. Actual Imputation.

2. Imputation of Favour,

3. Imputation of Debt.

4. What things are capable of being effectually imputed.

5. Merit, what. 6. The Effects of Moral Action, how revers'd, or disannull'd,

BOOK II.

CHAP. I.
It is not agreeable to the Nature of Man, that he should live without Law.

Sect 1. Whether Man ought to be under the Restraint of any Law.

2. Liberty in general, what.

3. Liberty of Almighty God.

4. Liberty of Brute Creatures:

5. Reasons why this should not be indulg'd to Man: such as, the Dignity of Human Nature;

6. Its Depravation and Corruption:

7. Variety of Dispositions;

8. And Natural Weakness and Want.

CHAP. II.
Of the
Natural State of Man.

Sect 1. The State of Nature, differently consider'd:

2. Its Misery and Inconvenience:

3. The Rights which attend it.

4. A qualified State of Nature.

5. Whether this bear the semblance of War.

6. Hobbes's Arguments for the Affirmative, produced.

7. The Negative evinced from the Natural Relation of Men to each other.

8. Hobbes's Reasons answered.

9. Right Reason ought not to be banish'd from the Consideration of a State of Nature.

10. The Manners and Rites of Barbarous Countries do not constitute a State of Nature.

11. Natural Peace, requires not the Intervention of Covenants.

12. Natural Peace, too full of Suspicion and Uncertainty.

CHAP. III.
Of the Law of Nature in General.

Sect 1. Introduction.

2, 3. The Law of Nature is not common to Beasts and Men.

4. The Object of the Law of Nature has no Necessity antecedent to all Law.

5, 6. Whether the Law of Nature may be said to be common to God and Man.

7, 8, 9. The Law of Nature is not grounded on the Consent of Nations.

10, 11. Whether Use and Profit are Foundation of Law and Equity.

12. Whether the Law of Nature be demonstrable from the End of the Creation.

13. Of the Dictates of Right Reason.

14. The genuine Source of the Law of Nature discovered, from the Condition of Mankind.

15. The Fundamental Law of Nature.

16, 17, 18. Hobbes's Opinion examin'd

19. The Author's Foundation of the Law of Nature, sufficient.

20. The Obligation of the Law of Nature is from GOD.

21. Of the Sanction of the Law of Nature.

22. What things may be said to belong to the Law of Nature, reductively, or by abuse.

23. Whether there be a Law of Nations Contradistinct to the Law of Nature.

24. The Division of the Law of Nature.

CHAP. IV.
Of the Duties and Performances of Man towards himself, as well in regard to the Improvement of his Mind, as to the Care of his Body and Life.

Sect 1. The Culture of a Mans self, a necessary Duty.

2. The chief Subjects about which it is imploy'd.

3. The Mind first to be instructed in Religion.

4. All contrary Opinions to be extirpated.

5. The necessity of knowing ourselves.

6. A Man ought especially to understand his own Mind and Duty:

7. Together with the extent of his Ability and power.

8. Nothing to be attempted above our Power.

9. In what degree we ought to labour after Reputation:

10. After Riches;

11. After Pleasure and Delight.

12. The Affections, to be kept under the Government of Reason.

13. Of Learning and Study.

14. Of the Care of the Body.

15. Of the Use of Life.

16. Whether we lie under any Obligation of preserving our Lives.

17. How far Life may be spent For the Advantage of Others:

18. How far exposed to rescue others from Danger.

19. Whether Self-murther be lawful

CHAP. V.
Of Self-defence.

Sect 1. Violent Defence of our selves, lawful.

2. Whether commanded by the Law of Nature.

3. Defence, what in a State of Natural Liberty:

4. What, in Civil Government.

5. Whether allowable against one that assaults us by mistake.

6. The time allowed for Defence under Natural Liberty.

7, 8, 9. How adjusted under Civil Establishments.

10. The Case of Maiming;

11. Of Chastity;

12. Of Ignominious Strikeing.

13. Whether the Person attack'd is oblig'd to Fly.

14. What difference is made in the Case of Defence, by the Precepts of Christianity.

15. Slaughter committed in Just Defence, is innocent.

16. Of the Defence of Things, or Goods.

17, 18. Of the Night-Thief.

19. Self-defence how far allow'd to him who offers the first injury.

CHAP. VI.
Of the Right and Favour of Necessity.

Sect 1. Necessity, of how many kinds.

2. The Right and Favour of Necessity grounded on what Principle.

3. What degree of Power and Right is hence convey'd to us, either over ourselves, or over others directly.

4. What is indirectly indulg'd by the same Principle.

5, 6, 7. What Power we obtain from hence over the Things, or Goods, of Others.

8. What Freedom we may be allow'd to use with the Goods of Others, for the preservation of our own.

BOOK III.

CHAP. I.
That no Man is to be injured; and that if any Damage be done, Reparation is to be made.

Sect 1. No Man ought to hurt the Person, or Goods, of Another.

2. Damage given is to be repair'd.

3. Damage, what.

4. The Authors of Damage, who.

5. The Order to be observ'd in the Reparation of Damage.

6. How many ways Hurt or Damage may be caus'd.

7. Reparation in the Murtherer:

8. In the Maimer:

9. In the Adulterer:

10. In the Ravisher:

11. In the Thief.

CHAP. II.
That all Men are to be accounted by Nature Equal.

Sect 1. Every Man is to consider Another as Naturally his Equal.

2. Natural Equality, what.

3. Popular Arguments on which it may be grounded.

4. The Consideration of this Equality renders Men easy and agreeable to each other.

5. What Force it has in the Division of Things.

6. It is transgress'd by Pride:

7. And by contumelious Treatment of Others.

8. Whether there are Slaves by Nature.

9. The Causes of Inequality amongst Men.

CHAP. III.
Of the Mutual Duties of Humanity.

Sect 1. Every Man is obliged to promote the Good of Another:

2. And this, either indefinitely, and absolutely:

3. Or, definitely, and relatively.

4. Smaller Instances of Common Humanity,

5. Of Passage thro' Others Ground, either to Persons,

6. Or, Goods.

7. Whether an Import, or Duty, may be laid on Passage.

8. Of Access to a Forreign Shore.

9. Of the Admission of Strangers.

10. Of granting them a Seat and Habitation.

11. Of allowing a Mart.

12. Whether we are obliged to buy of Others.

13. Of Marriage with Strangers.

14. Whether what is granted in common to All, may be particularly with-held from One.

15. Of Beneficence.

16. Of Gratitude.

17. Of Ingratitude.

CHAP. IV.
Of the Duty of keeping Faith; together with the Division of Obligations.

Sect. 1. Covenants are necessarily required in Human Society.

2. Covenants are to be observ'd.

3. Obligations, Connatural, or Adventitious.

4. Atheism repugnant to all Connatural Obligation.

5. Obligation, Natural and Civil.

6. The Force and Efficacy of both.

7. Obligation, Perpetual and Temporary.

8. Obligation; not mutual.

9. Obligation, perfectly, or imperfectly mutual.

CHAP. V.
Of the Nature of Promises and Pacts, in general.

Sect 1. Adventitious or Accessory Obligations; whence they proceed.

2. Hobbes's Notion of transferring Right.

3. Hobbes's Right of All Men to All Things, absurd.

4, The true Nature and Manner of transferring Right.

5. Bare Assertions not obligatory.

6. Imperfect Promises lay an Obligation, but confer no Right.

7. Perfect Promises.

8. Expressions in the Future transfer no Right.

9, 10, 11. Whether bare Covenants have a Power of obliging.

CHAP. VI.
Of the Consent required, in making Promises and Pacts.

Sect. 1. Consent necessary to Promises and Pacts.

2. Signified expresly, or tacitly.

3. Supposes the Use of Reason:

4. This suspended by the higher Degrees of Drunkenness.

5. The Case of Minors.

6. Of Errors in Promises.

7. Of Errors in Bargains and Covenants.

8. Of Guile and Deceit.

9. Whether the Suspicion of Deceit renders a Covenant invalid.

10, 11, 12, 13. Fear invalidates Promises, and Pacts.

14. How invalid Promises may recover their Strength.

15. Of the Consent of the Receiver.

16. Of the Signs and Tokens of Consent.

CHAP. VII.
Of the Matter of Promises and Covenants.

Sect 1. Obligations lie only to Things possible.

2. Promises about impossible Things are null.

3. Impossibility happening in respect of Covenants.

4. Whether our utmost Endeavour be always sufficient to the Discharge of an Obligation.

5. Whether any One is bound to sustain Evils, surpassing the Common Force, and Patience of Mankind.

6. No Obligation to what is unlawful.

7. Bargains, on a Vicious account, not obligatory, before the Execution:

8. Nor after the Villany has been committed.

9. Whether the Reward, actually given, for wicked Service, may be recovered.

10. Promises concerning the Things, or Actions of Others are void:

11. And those concerning such Things, or Actions of our own, as stand already engaged to Others, by a prior Obligation.

CHAP. VIII.
Of the Conditions of Promises.

Sect 1. Promises, of how many kinds.

2. A Condition, what.

3. Conditions, whether referr'd to the Time past, or present.

4. Conditions, Casual, Arbitrary, and Mixt.

5. Conditions, impossible; or vicious.

6. Limitations of Place.

7. Limitations of Time.

8. The Difference between Covenants, and Conditional Promises.

CHAP. IX.
Of Ministers in general, or Agents concern'd in contracting Obligations for other Men.

Sect 1. We may promise, or bargain by Others.

2. Commissions, of how many kinds.

3. The Case of an Agent dying re infecta.

4. The Difference between a bare Messenger, and a proper Agent or Proxy.

5. How far one Person may accept in the Name of another.

6. No Acceptance to be made by Heirs in the Person of the Deceased.

7. Of Promises with Burthens annexed.

8. The Division of Covenants.

BOOK IV.

CHAP. I.
Of Speech, and the Obligation which attends it.

Sect. 1. Of the Use of Speech.

2. Of the diversity of Signs.

3. Of the Origine of Speech.

4. Words signify according to Imposition.

5. Imposition is attended with a Compact.

6. This Compact is either General or Particular.

7. Whence the Obligation of discovering our Mind to Another takes its rise.

8. What Truth is, and what a Lye.

9. Every Untruth is not a Lye, and therefore not Criminal.

10. Of the Right which is violated by Lying, and whence 'tis derived.

11. How far Part of the Truth may be honestly conceal'd.

12. Simulation, in Things, how far Lawful.

13. Of Ambiguous Speech.

14. Of Mental Reservations.

15. How far we may be allow'd in speaking falsly to Infants.

16. It is lawful to speak what is false, for the Preservation of Others.

17. How far the Governours of States may be indulg'd in giving out false Reports.

18. In what manner it is lawful to deceive an ill-designing Curiosity.

19. It is lawful to speak false to an professed Enemy.

20. Whether a Guilty Person arraign'd may deny the Charge.

21. What the Advocates, or Counsel, may, in this respect, do for their Client.

CHAP. II.
Of an Oath.

Sect 1. The Sacred Tye of an Oath.

2. An Oath what.

3. We can swear only by GOD.

4. And this according to the Religion of the Swearer.

5. An Oath is an Additional Bond to Obligations.

6. Of the Intention of the Swearer.

7. Of Oaths obtained by Deceit.

8. Of Oaths extorted by Force.

9. Oaths concerning unlawful matters bind not.

10. Nor those which hinder a greater Good.

11. An Oath alters not the Nature of the Act to which it is apply'd,

12. An Oath excludes all Cavil.

13. And yet is not always to be interpreted with the utmost Rigour.

14. Or without some secret Conditions and Limitations.

15. An Oath is to be explain'd according to the Intention of him that gives it.

16. Of swearing by Another's Life.

17. How far an Heir stands oblig'd by the Oaths of the Deceased.

18. The Division of Oaths.

19. An Oath for Confirmation.

20. An Oath in Testimony.

21. An Oath Decisive.

22. Oaths Supplemental, and Purgative.

23. Whether every Violation of an Oath is Perjury.

24. Of the Relaxations of Oaths.

CHAP. III.
Of the Power of Mankind over Things.

Sect 1. The main part of Law and Right is concerned about Things.

2. By the Good Pleasure of GOD, Man is allow'd the Use of other Creatures.

3. Vegetables may be consumed without the least Injury.

4. Doubts have been proposed, as to the killing, and eating of Living Creatures.

5. Which is, nevertheless, defended, as lawful.

6. The Abuse of our Right over Beasts, worthy of Censure.

CHAP. IV.
Of the Origine of Dominion, or Property.

Sect 1. Property and Community are Moral Affections.

2. The distinct Nature of each.

3. They suppose more Persons than one,

4. And are immediately derived from the Covenants of Men.

5. Of the Primitive Communion.

6. In what manner Men departed from it.

7. This Departure was highly advantageous to Mankind.

8. The Judgment of the Ancients concerning the Origine of Property.

9. Grotius's Opinion examined.

10, 11, 12, 13. The Arguments made use of by those who oppose the Primitive Communion.

14. In what Sense Property may be said to belong to the Law of Nature.

15. How far Infants are capable of Property.

CHAP. V.
Of the Object of Property.

Sect 1. The Conditions which render any thing a Matter of Property.

2. 'Tis in vain to appropriate things inexhaustible in their Use.

3. A thing appropriated ought, some way or other, to be under Custody.

4. Some appropriated things are yet submitted to General Use.

5. The Divine Grant of Dominion to Man, as recorded in Scripture, does not prejudice his Dominion over the Sea.

6. Reasons against appropriating the Sea.

7. The Use of the Sea.

8. What Parts of the Sea have been possess'd, by the Right of Occupancy.

9. The main Ocean can have no Lord, or Proprietor.

10. How far the Ocean ought to lie free, for Sailing and Trade.

CHAP. VI.
Of Occupancy.

Sect 1. The various ways of Acquisition.

2. The Original ways Of Acquisition.

3. Occupancy is made either, by the Whole, or by Parcels.

4. The Occupancy of Moveable Things depends on the Pleasure of the Sovereign.

5. The taking of Wild-Beast, or Game, sometimes allowed promiscuously to All:

6. Sometimes reserv'd to the Prince alone.

7. Whether he that Hunts in an unlawful manner can make the Game his own.

8. At what time Immoveable Things are suppos'd to pass under Occupancy:

9. When Moveable Things.

10. Whether a Beast which I wound in Hunting is thereby appropriated to myself.

11. Whether the Fish in my Lake, are to be accounted my Property.

12. Things deserted, or abandoned, belong to the first Taker.

13. Of Treasure-Trove.

14. Of Occupancy in War.

CHAP. VII.
Of Accessions, or additional Improvements.

Sect. 1. Accessions, of how many kinds.

2. They, regularly, belong to the Owner of the Thing.

3. The different sorts of Fruits, or Products.

4. The Breed of Animals belongs to the Proprietor of the Dam.

5. Things sown, or planted, go with the Soil.

6. How far Buildings go upon the Ground.

7. Paper goes with the Writing:

8. The Table with the Picture:

9. Purple with the Garment.

10. Of Specification.

11. Of Increments by Floods and Washes, either to whole Regions, or

12. To Private Estates.

CHAP. VIII.
Of the Right over other Men's Possessions.

Sect. 1. A Man may several ways, have a Right over the Things of Others.

2. The chief Rights of this kind.

3. The Right of holding in Fee.

4. The Right of a Ground-Plot.

5. The Right of possessing upon an Honest Presumption.

6. Services, what; and of how many kinds.

7. Use and Profit.

8. Use.

9. Habitation.

10. Servants Works.

11. The Services of City-Estates, and

12. Country-Estates.

CHAP. IX.
Of the transferring of Property, in general.

Sect 1. The Power of Alienation immediately flows from Property.

2. In Alienation the Consent of both Parties is required.

3. Which Consent is to be expressed by Signs.

4. Alienation is either Absolute, or Conditional.

5. Whether Delivery be necessary to Alienation.

6. Property either abstracts from Possession, or implies it.

7. Possession, what; and of how many kinds.

8. How far Property may be acquired by bare Covenant.

9. Delivery, either real, or fictitious.

CHAP. X.
Of Wills and Testaments.

Sect 1. The Derivative Ways of Acquisition, how many,

2. Grotius's Definition of a Testament examined.

3. The Author's Notion of a Testament.

4. A Doubt whether Testaments belong properly to the Law of Nature.

5. In the most Primitive Ages, Men, in in their Life-time divided their Substance amongst their Heirs.

6. Testatments how far belonging to the Law of Nature; how far to Positive Law.

7. Tho' a Will should be defective in Form of Law, yet the Executor may enter on the Estate, in case of no Opposition.

8. But then the Heir at Law may overthrow such a Will.

9. Donations in Case of Death.

CHAP. XI.
Of Succession to Persons who dye Intestate.

Sect 1. Successions to Intestates are grounded on the presumed Will of the Deceased:

2. Yet so far only as such a Will or Inclination is agreeable so Reason.

3. Children have the preference of all Others.

4. Parents under an Obligation of affording Maintenance to their Children.

5. What things are comprized under the Name of Maintenance, or Alimony.

6. The Name of Children, how far extended.

7. What things are due to Children, besides Maintenance; and for what Reason.

8. An equal Division of Goods amongst Children, not necessary.

9. Legitimate Children preferable to Illegitimate:

10. Provided the former are own'd by their Parents;

11. Or, not dis-inherited.

12. Of the Right of Representation.

13. In default of Children, Parents are call'd to inherit:

14. If these likewise fail, the Collateral Kindred succeed, according to their Nearness of Blood.

15. Whether Friends ought to be preferr'd to Kinsmen:

16. Whether Benefactors.

17. The Order of Succession amongst Kindred.

18. Civil Ordinances may indulge a much wider Liberty of Disposal.

19. How far Executors are bound to discharge the Debts of the Deceas'd.

CHAP. XII.
Of Prescription.

Sect. 1. Usucapio and Prescriptio, how distinguish'd.

2. Prescription, how defined according to the Roman Laws; and where it takes place.

3. Honest Intention, how far necessary to Prescription.

4. Prescription requires an uninterrupted Possession.

5. The Reasons why Prescription was introduced.

6. Whether the Law concerning Prescription be Penal.

7. Prescription referr'd by many to the Civil Law.

8. Whether it arise from the tacit Dereliction of the former Proprietor.

9. It seems to be founded on the tacit Agreement of Nations:

10. And may take place amongst the Subjects of different States.

CHAP. XIII.
Of the Obligations which flow immediately from Property.

Sect. 1. Every Man is obliged to abstain from his Neighbour's Goods.

2. The Goods of Others, if in our Possession, are to be restored.

3. This Duty proved,

4. And illustrated.

5. This Obligation may be taken off by subsequent Covenant.

6. Restitution is to be made of that which we have gain'd, by other Men's Goods,

7. A Possessor with honest Intention, not bound to make Reparation, if the thing be consumed.

8. Yet obliged to restore any Fruits of which remain:

9. And likewise to satisfy for those, which he has spent, in case he must have spent as much some other way.

10. But not for those which he neglected to take.

11. He that has receiv'd, in the way of Gift, a Thing which proves to belong to a third Person, and has given it away again; not bound to make Reparation: yet with a Distinction in the Case.

12. Nor if he bought the Thing, and has sold it again: yet with the like Distinction.

13. How far he, who, with honest Design, has bought that which proves to be a third Person's, may recover the Price from the Seller.

14. Whether such a Thing may be return'd upon the Seller's Hands.

15. A thing belonging to Another, while the Owner of it is unknown, may lawfully be detain'd.

16. Whether a Fee, taken on a dishonest account, ought to be restored.

BOOK V.

CHAP. I.
Of Price.

Sect 1. Property being settled, a Measure of things became necessary.

2. The Moral Quantity of things, what?

3. Price, either Vulgar, or Eminent.

4. In what the Vulgar Price is founded.

5. Many useful things bear no Price.

6. What it is that raises the Prices of Things.

7. Of the Price of Fancy.

8. Of the Legal Price.

9. Of the Natural Price.

10. What it is that raises and sinks the Natural Price.

11. Vulgar Price not sufficient for Human Life,

12. And therefore an Eminent Price was placed in Money.

13. Which consists generally of Metals.

14. How far the Supreme Magistrate has Power to determin the Value of Money.

15. In such a Determination, regard is to be had to the Value of the Land.

16. The Value of Money liable to Alteration

CHAP. II.
Of Contracts in general that presuppose the Price of Things.

Sect.1. The Difference between Pacts and Contracts according to Hobbes:

2. According to the Roman Lawyers.

3. A Note upon what has been said.

4. The Author's Opinion concerning the Difference.

5. Contracts divided into such as bind one Party only, and such as bind both Parties.

6. Into Real, Consensual, Literal, and Verbal:

7. Into Named, and Nameless:

8. Into Gainful, and Chargeable.

9. The several Sorts of Chargeable Contracts.

10. Mixt Contracts.

CHAP. III.
Concerning the Equality that ought to be observed in Chargeable Contracts.

Sect. 1. In Chargeable Contracts an Equality to be observed:

2. And therefore the Faults of the Commodity to be exposed:

3. Which is necessary from the Nature of the Thing.

4. Whether such Circumstances, as do not directly concern the Commodity, ought to be discovered.

5. Faults, already known, need not be mentioned.

6. No Man ought to be forced into a Contract by Fear.

7. In Gainful Contracts, Equality does not take place.

8. In a Chargeable Contract, nothing is presumed to be given.

9. An Emergent Inequality how to be remedied.

10. Whether in, Buying and Selling, the Parties may, naturally, over-reach one another.

CHAP. IV.
Of Gainful Contracts in particular.

Sect 1. A Commission, what?

2. How religiously observed by the old Romans.

3. The Agent ought to apply his utmost diligence.

4. How far He is to be indemnified in the Discharge of it.

5. Whether a Commission can be satisfied by an Equivalent.

6. Of a Loan, and what it differs from a Grant at Pleasure.

7. Of a Charge.

CHAP. V.
Of Chargeable Contracts in particular, and of' Bartering, Buying and Selling.

Sect. 1. Of Bartering.

2. When the Contracts of Buying and Selling is compleated.

3. To whom the Profit, or Damage of the thing belongs between the Contract and the Delivery

4. Of Pacts usually added to this sort of Contract.

5. What Obligations the Buyer and Seller owe one to another.

6. Of the Purchase of Hope.

7. Of Monopolies.

CHAP. VI.
Of Renting and Hiring.

Sect. 1. What Renting and Hiring has in common with Buying and Selling.

2. Where the Use of the thing is determined, the Loss is to the Landlord.

3. Where undetermined and uncertain to the Tenant.

4. Whether the Hire for Labour can justly be exacted of several, at the same time.

CHAP. VII.
Of the Loan of a Consumable Commodity.

Sect. 1. The Loan of a Consumable Commodity, what? A Consumable Commodity, what?

2. The Use of such a Commodity twofold.

3. What things are generally the Subject of such a Loan.

4. Of a Tacit Loan.

5. Whether the Loan of a Consumable Commodity be an Alienation.

6. What if a Change happens in the intrinsick Goodness of Money?

7. Or in the extrinsick Value?

8. The Traditions of the Jews concerning Usury.

9. Usury she'w'd not to be repugnant to the Laws of Nature.

10. The Arguments on the other side answer'd.

11. Contracts, equivalent to Usury, allowed of by our Adversaries.

12. Evasions found out, in several places, to avoid the Scandal of Usury.

CHAP. VIII.
Of Partnership.

Sect 1. How many sorts of Partnership.

2. Money and Labour may be joined together several ways.

3. An Irregular Partnership.

4. Where the Parties communicate all they are worth.

CHAP. IX.
Of Contracts that depend upon Chance.

Sect. 1. Contracts which depend upon Chance.

2. Take place as well in Peace,

3. As In War.

4. Of Wagers.

5. Of Gaming.

6. Of Raffling.

7. Of Lotteries.

8. Of Insuring.

CHAP. X.
Of Accessory Pacts.

Sect. 1. Accessory Pacts, two Sorts.

2. The several Sorts of Additional Pacts.

3. An Additional Pact against Good Manners is Null.

4. Sometimes an Additional Pact changes the Form of the Contract.

5. Pacts added immediately upon the Completion of the Contract are, cęteris paribus, valid.

6. A Pact added to a Contract some time after its completion, if it be Negative is made in favour of the Defendant.

7. If it be Affirmative, how far it may be valid.

8. Of a Trust.

9. The Surety cannot be obliged to more than the Principal:

10. But yet may lie under a stricter Obligation.

11. What favour the Law allows a Surety. 12. Of Bail.

13. The Use of Pawns.

14. Some Pawns yield increase, some not.

15. Whether Pawns may become properly by Prescription.

16. The difference between a Mortgage and a Pawn.

CHAP. XI.
By what means Obligations founded upon Compact may be dissolved.

Sect 1. The most natural way to dissolve an Obligation is to perform the Covenants.

2. What if a Man pays a Debt for another without his knowledg.

3. To whom payment must be made.

4. What must be paid.

5. Compensation, between whom to be put in practice:

6. Where to take place.

7. An Obligation may be discharged by Release.

8. How far an Obligation may be discharg'd by Mutual Dissent.

9. An Obligation ceases, upon the perfidiousness of either Party:

10. As also upon the Change of the State on which the Obligation was founded.

11. How far Time may put a Period to Obligations.

12. What Obligations cease by Death.

13. Of Delegation.

14. Of Confusion.

15. Of Novation.

CHAP. XII.
Of Interpretation.

Sect 1. The Reason of this Method.

2. The necessity of a right Interpretation.

3. Words are to be understood generally in the most popular signification.

4. Terms of Art, according to the Definitions of the learned in each Art.

5. Conjectures are necessary, when the words are either Ambiguous,

6. Or Inconsistent, or seemingly so.

7. These Conjectures may be taken either from the Subject Matter;

8. Or the Effects:

9. Or the Circumstances.

10. How the Reason If the Law may lead us into the sence of it.

11. Some words have sometimes a more strict, sometimes a more loose Interpretation.

12. Some things are Favourable,