to avoid both “state” and “sovereignty” as much as possible, preferring circumlocutions such as “community” and “society” for the former and “supreme authority” and “supreme governor” for the latter.23 With his references to the exercise of sovereignty by the state routinely rendered in terms of the exercise of authority in the community, Pufendorf’s absolutist statism thus undergoes a lexical and ideological softening, appearing in Tooke’s English in a form better fitting the Whig view of sovereignty as shared with Parliament and embedded in society.
In borrowing certain of Barbeyrac’s footnotes, and in altering Tooke’s translation at certain points, the anonymous editors of 1716/35 furthered this anglicizing tendency to see sovereignty as inherent in society. At key points, Barbeyrac’s notes qualify or reinterpret Pufendorf’s core doctrines, arguing that it is necessary to retain some sort of continuity between natural law and divine providence, that pragmatic deductions of the rules of social peace should be supplemented with Christian conscience, that obedience to civil law and the sovereign are not enough to satisfy the demands of morality, and that natural rights—including the right to punish a tyrannical sovereign—remain valid in the civil state. Perhaps in the England of 1716, with the memory of religious civil war fading, Pufendorf’s Hobbesian subordination of religious morality to the needs of civil order had begun to seem less necessary, allowing the editors to readmit conscience and morality, now that they had been rendered less dangerous for the Protestant state.
Ian Hunter
David Saunders
THE WHOLE
DUTY of MAN,
According to the
LAW
OF
NATURE.
By that famous Civilian
SAMUEL PUFENDORF,
Professor of The Law of Nature and Nations, in the University of Heidelberg, and in the Caroline University, afterwards Counsellor and Historiographer to the King of Sweden, and to his Electoral Highness of Brandenburgh.
Now made ENGLISH.
The Fifth EDITION with the Notes of Mr. Barbeyrac, and many other Additions and Amendments; And also an INDEX of the Matters.
By ANDREW TOOKE, M.A. late Professor of Geometry in Gresham-College.
Nunquam aliud Natura, aliud Sapientia dicit.1 Juv. Sat. XIV. 321.
LONDON:
Printed for R. GOSLING, at the Mitre and Crown; J. PEMBERTON, at the Golden Buck; and B. MOTTE, at the Middle-Temple-Gate, Fleet-Street. 1735.
To his Honoured Friend
Mr. GEORGE WHITE,
Of London, MERCHANT;
This TRACTATE
Concerning the
LAW of NATURE,
IS
Offered, Dedicated, Presented,
BY
His humblest
and most obliged Servant,
The Translator.
TO THE READER
The Translator having observed, in most of the Disputes wherewith the present Age is disquieted, frequent Appeals made, and that very properly, from Laws and Ordinances of a meaner Rank to the everlasting Law of Nature, gave himself the Pains to turn over several Writers on that Subject. He chanced, he thinks with great Reason, to entertain an Opinion, that this Author was the clearest, the fullest, and the most unprejudiced of any he met with: And hereupon, that he might the better possess himself of his Reasonings, he attempted to render the Work into Mother-Tongue, after he had first endeavoured to set several better Hands upon the Undertaking, who all for one Reason or other declined the Toil. He thought when ’twas done, it might be as acceptable to one or other to read it, as it had been to himself to translate it.
Concerning the Author, ’tis enough to say, that he has surely had as great Regard paid him from Personages of the highest degree, as perhaps ever was given to the most learned of Men; having been invited from his Native Country, first by the Elector Palatine, to be Professor of the Law of Nature and Nations in the University of Heidelberg; then by the King of Sweden to honour his new rais’d Academy, by accepting the same Charge therein, and afterwards being admitted of the Council, and made Historiographer, both to the same King, and to his Electoral Highness of Brandenburgh, afterwards King of Prussia.
Concerning this his Work, it is indeed only as it were an Epitome of the Author’s large Volume of The Law of Nature and Nations: But as this Epitome was made and published by himself, the Reader cannot be under any doubt, but that he has here the Quintessence of what is there deliver’d; what is par’d off being mostly Cases in the Civil Law, Refutations of other Authors, and some Notions too fine and unnecessary for a Manual. How good an Opinion the learned World has of this his Performance, is very evident from the many Editions there have been of it, not only in the Original Latin, but in the Modern Languages, publish’d in Sweden, Holland, France, Germany, and England.1
Since2 the first Publication hereof in 1673, at Lunden, the Author revis’d his larger Work, and put out a new Edition of it, with many Additions and great Improvements; and from thence this Work also has been amended and enlarged, by extracting these additional Chapters, and inserting them as compendiously as might be into their proper Places; which was first done in a German Translation,3and afterwards in a Latin Edition, published by the Professor of Giessen,4both in the Life-time of the Author, with his Knowledge, and by his Approbation;5so that the Reader may be satisfied that these Additions, now first inserted into this Translation, are as genuine as the Rest of the Work; as he will find them as useful and necessary a Part, as any of the whole Book. Besides these, in this Impression, some other Additions and Alterations have been found necessary to be made: For whereas in some Places the Author’s Opinion was delivered in so brief or obscure a Manner, that his Meaning seemed difficult to be apprehended; again in other Places the Coherence and Connection of his Discourses did not sufficiently appear; to remedy the former of these Defects, all intricate Phrases and Expressions have been changed,6 and where even that was not sufficient to make the Author’s Mind plain and clear, it is explained and illustrated by adding proper Instances and Examples;7 and then to repair the latter Defect, the Order of some of the Sections hath been changed, and proper and necessary Transitions to many of them have been added;8 the taking which Liberty, ’tis to be hoped, will ever appear most justifiable, since thereby the Rules of Method are better observ’d, and the Sense of the Author rendered more perspicuous than in the former Editions of this Translation.
But
