Whether the Law of Nature would have been the same it is now, had Man continu’d in his State of Innocence.
And these Things being rightly understood, may clear the way for removing this Doubt; *whether the Law was different, or the same, in the Primitive State of Nature, before the Fall? Where it may be briefly answer’d. That the most material Heads of the Law were the same in each State; but that many particular Precepts did vary, according to the Diversity of the Condition of Mankind; or rather, that the same Summary of the Law was explain’d by diverse, but not contrary Precepts; according to the different State of Man, by whom that Law was to be observ’d. Our Saviour reduced the Substance of the Law to two Heads: Love God, and Love thy Neighbour: To these the whole Law of Nature may be referr’d, as well in the Primitive, as in the Deprav’d State of Man; (unless that in the Primitive State there seems not any, or a very small Difference between the Law of Nature, and Moral Divinity.) For that Mutual Society, which we laid down as a Foundation to the Law of Nature, may very well be resolv’d into the Love of our Neighbour. But when †we descend to particular Precepts, there is indeed a very great Difference, both in relation to the Commands and Prohibitions.
And as to what concerns the Commands, there are many which have place in this State of Mankind, which seem not to have been necessary in the Primitive State: And that partly, because they presuppose such a Condition, as, ’tis not certain, could happen to that most happy State of Mankind; partly, because there can be no Notion of them, without admitting Misery and Death, which were unknown there: As for Instance, we are now enjoyn’d by the Precepts of the Law of Nature, not to deceive one another in Buying or Selling, not to make use of false Weights or Measures, to repay Money that is lent, at the appointed Time. But it is not yet evident, whether, if Mankind had continu’d without Sin, there would have been driven, any Trade and Commerce, as there is now in the World; or whether there would then have been any Occasion for the Use of Money. In like manner, if such Kind of Communities as are now adays, were not to be found in the State of Innocence, there would be then likewise no Occasion for those Laws which are presuppos’d as requisite for the well-ordering and Government of such Societies. We are also now commanded by the Law of Nature, To succour those that are in Want. To relieve those that are oppressed. To take care of Widows and Orphans. But it would be to no purpose to have inculcated these Precepts to those who were no ways subject to Misery, Poverty, and Death. The Law of Nature now enjoyns us, To forgive Injuries; and, To use our utmost Endeavours towards the promoting of Peace amongst all Mankind. Which would be unnecessary among those who never offended against the Laws of Mutual Society. And this too is very evident in the Prohibitory Precepts which relate to the Natural, not Positive, Law. For although every Command does virtually contain in it self a Prohibition of the opposite Vice; (as, for Instance, he that is commanded to love his Neighbour, is at the same time forbidden to do such Actions, as may any ways thwart or contradict his Duty of Love:) Yet it seems superfluous that these things should be ordain’d by express Commands, where there are no disorderly Inclinations to excite Men to the committing such Wrongs. For the Illustration of which, this may be taken notice of, that *Solon would by no Publick Law enact any Punishment for Parricides, because he thought that no Child could be guilty of so horrid an Impiety. In like manner we find an Account, in the †History of the West‐Indies, concerning the People of Nicaragua; that in their Laws no Punishment was appointed for those who should kill the Cacique, by which Name they call their Princes; because, say they, there can be no Subject, who would contrive or perpetrate so base an Action. I am afraid it may savour too much of Affectation to enlarge any farther in the Proof of what is in it self so clear and evident. Yet I shall add this one Example, fitted to the meanest Capacity. Suppose there are two Children, but of different Dispositions, committed to the Care of a certain Person: One of which is Modest and Bashful, taking great delight in his Studies; the other proves Unruly, and Surly; giving himself over more to loose Pleasures, than to Learning. Now the Duty of both these is the same, To follow their Studies; but the particular Precepts, proper to each, are different; for it is sufficient to advise the Former to what Kind of Studies he must apply himself, at what Time, and after what Manner they are to be follow’d: But as for the Other, he must be enjoyn’d under severe Penalties, not to Wander abroad, not to Game, not to sell his Books, not to