crime. Those human
laws, that annex a punishment to it, do not at all increase it's moral
guilt, or superadd any fresh obligation _in foro conscientiae_ to
abstain from it's perpetration. Nay, if any human law should allow or
injoin us to commit it, we are bound to transgress that human law, or
else we must offend both the natural and the divine. But with regard
to matters that are in themselves indifferent, and are not commanded
or forbidden by those superior laws; such, for instance, as exporting
of wool into foreign countries; here the inferior legislature has
scope and opportunity to interpose, and to make that action unlawful
which before was not so.

IF man were to live in a state of nature, unconnected with other
individuals, there would be no occasion for any other laws, than the
law of nature, and the law of God. Neither could any other law
possibly exist; for a law always supposes some superior who is to make
it; and in a state of nature we are all equal, without any other
superior but him who is the author of our being. But man was formed
for society; and, as is demonstrated by the writers on this
subject[b], is neither capable of living alone, nor indeed has the
courage to do it. However, as it is impossible for the whole race of
mankind to be united in one great society, they must necessarily
divide into many; and form separate states, commonwealths, and
nations; entirely independent of each other, and yet liable to a
mutual intercourse. Hence arises a third kind of law to regulate this
mutual intercourse, called "the law of nations;" which, as none of
these states will acknowlege a superiority in the other, cannot be
dictated by either; but depends entirely upon the rules of natural
law, or upon mutual compacts, treaties, leagues, and agreements
between these several communities: in the construction also of which
compacts we have no other rule to resort to, but the law of nature;
being the only one to which both communities are equally subject: and
therefore the civil law[c] very justly observes, that _quod naturalis
ratio inter omnes homines constituit, vocatur jus gentium_.

[Footnote b: Puffendorf, _l._ 7. _c._ 1. compared with Barbeyrac's
commentary.]

[Footnote c: _Ff._ 1. 1. 9.]

THUS much I thought it necessary to premise concerning the law of
nature, the revealed law, and the law of nations, before I proceeded
to treat more fully of the principal subject of this section,
municipal or civil la