his life, any farther than by use of force, past injury, and to prevent future harm: so to get bim in his power, as to take but where no such appeal is, as in the away his money, or what he pleases, froin state of nature, for want of positive laws, him; because using force, where he has and judges with authority to appeal to, no right, to get me into his power, let the state of war once begun, continues, his pretence be what it will, I have with a right to the innocent party to deno reason to suppose, that be, who stroy the other whenever he can, until would take away my liberty, would not the aggressor offers peace, and desires when he had me in his power, take away reconciliation on such terms as may reevery thing else. And therefore it is pair any wrongs he has already done, lawful for me to treat him as one who and secure the innocent for the future; has put himself into a state of war with pay, where an appeal to the law, and me, i e. kill him if I can; for to that constituted judges, lies open, but the hazard does he justly expose hiinself, remedy is denied by a manifest pervertwhoever introduces a state of war, and ing of justice, and a barefaced wrestling is aggressor in it.

of the law's to protect or indemnify the 19. And here we have the plain differ- violence or injuries of some men, or ence between the state of nature and the party of men, there it is hard to imagine state of war, which however some men any ibing but a state of war: for wherehave confounded, are as far distant, as ever violence is used, and injury dove, a state of peace, good will, mutual as though by hands appointeddo administer sistance ard preservation, and a state of justice, it is still violence and injury, enmity, malice, violence and mutual de- however coloured with the name, prestruction, are one from another. Men tences or forms of law, the end whereof living together according to reason, with- being to protect and redress the innoout a cominon superior on earth, with- cent, by an unbiassed application of it out authority to judge between them, is to all who are under it; wherever that is properly the state of nature. But force, not bona fide done, war is made upon the or a declared design of force, upon the sufferers, who having no appeal on earih person of another, where there is no to right then, they are left to the only common superior on earth to appeal to remedy in such cases, an appeal to for relief, is the state of war: and it is heaven. the want of such an appeal gives a mran 21. To avoid this state of war (wherethe right of war even against an aggres in there is no appeal but to heaven, and sor, though he be in society and a fellow wherein every the least difference is apt subject. Thus a thief, whom I cannot to end, where there is no authority to harm, but by appeal to the law, for ha decide between the contenders) is one ving stolen all that I am worth, I may great reason of men's putting themselves kill, when he sets on me to rob me, but into society, and quitting the state of of my horse or coat; because the law, nature: for where there is an authority, which was made for iny preservation, a power on earth, from which relief can where it cannot interpose to secure my be had by appeal, there the continuance life from present force, which, if lost, is of the state of war is excluded, and the capable of no reparation, permits me controversy is decided by that power. my own defence, and the right of war, Had there been any such court, any su a liberty to kill the aggressor, because perior jurisdiction on earth, to deterthe aggressor allows not time to appeal mine the right between Jephtha and the to our common judge, nor the decision Ammonites, they had never come to a of the law, for remedy in a case where state of war: but we see he was forced the mischief may be irreparable. Want to appeal to heaven. The Lord the judge of a common judge with authority, puts (says he) be judge this day between the all men in a state of nature: force with children of Israel and the children of out right, upon a man's person, makes Ammon, Judg. xi. 27. and then prosecua state of war, both where there is, ting, and relying on his appeal, he leads and is not a common judge.

out his army to batile: and therefore in 20. But when the actual force is over, such controversies, where the question the state of war ceases between those is put, who shall be judge? It cannot that are in society, and are equally on be meant, who shall decide the controboth sides subjected to the fair determi- versy; every one knows what Jephtlia nation of the law ; because then there here tells us, that the Lord the judge lies open the remedy of appeal for the shall judge. Where there is no judge on

earth, the appeal lies to God in heaven. the will of his master, to draw on him. That gestion then cannot mean, wbo self the death he desires. shall judge, whether another hath put 24. This is the perfect condition of himself w a state of war with me, and slavery, which is nothing else, but the whether I may, as Jephtha did, appeal state of war continued, between a lawful to heaven in it? of that I myself can ouly conqueror and a captive : for, if once be judge in my own conscience, as I will compact enter between them, and make answer it, at the great day, to the su an agreement for liinited power on the preme judge of all men.

one side, and obedience on the other, CHAPTER IV.

the state of war and slavery ceases, as Of Slavery.

long as the compact endures : for, as has 22. The natural liberty of man is to been said, no man can, by agreement, be free from any superior power on earth, pass over to another that which he hath and not to be under the will or legisla not in himself, a power over bis own life. tive authority of man, but to have only I confess, we find among the Jews, as the law of nature for his rule. The li well as other nations, that men did sell berty of man, in society, is to be under themselves; but it is plain, this was only Ho other legislative power, but that es- to drudgery, not to slavery: for it is evitablished, by consent, in the common- dent, the person sold was not under an wealth ; nor under the dominion of any absolute, arbitrary,and despotical power: will, or restraint of any law, but what for the master could not have power to that legislature shall enact, according to kill him, at any time, whom, at a certhe trust put in it. Freedom then is not tain time, he was obliged to let go free what Sir Robert Filmer tells us, Obser- out of his service; and the master of outions, A 55, a liberty for every one to such a servant was so far from having do what he lists, to live as he pleases, and an arbitrary power over his life, that he not to be tied by any laws; but freedom could not, at pleasure, so much as maim of men under government is, to have a' him, but the loss of an eye, or tooth, set standing rule to live by, common to every him free. Exod. xxi. one of that society, and made by the

CHAPTER V. legislative power erected in it; a liberty

Of Property. to follow my own will in all things, where 25. Whether we considér natural reathe rule prescribes not; and not to be son, which tells us, that men, being once subject to the inconstant, uncertain, un- born, have a right to their preservation, known, arbitrary will of another man: and consequently to meat and drink, as freedom of nature is, to be under no and such other things as nature affords other restraint but the law of nature. for their subsistence: or Revelution,

23. This freedoin from absolute, arbi- which gives us an account of those trary power, is so necessary to, and grants God made of the world 10 Adam, closely joined with a mau's preservation, and to Noab, and his sons, it is very that he cannot part with it, but by what clear, that God, as king David says, forfeits his preservation and life together: Psal. cxv. 16. has given the earth to the for a man not having the power of his children of men; given it to mankind in own life, cannot, hy compact, or his own common. But this being supposed, it consent, enslave himself to any one, nor seems to some a very great difficulty, put himself under the absolute, arbitrary bow any one should ever come to have power of another, to take away his life a property in any thing: I will not conwhen he pleases. No body can give tent myself to answer, that it it be diffmore power than he has himself; and cult to make out property upon a suphe that cannot take away his own life, position, that God gave the world to cannot give another power over it. In- Adam, and his posterity in common, it deed, having by his fault forfeited his is impossible that any man, but one uniown life, by some act that deserves versal monarch, should have any prodeath; he, to whom he has forfeited it, perty upon a supposition, that God gave may (vihen he has bim in his power) de- the world to Adani, and his heirs in sucs lay to take it, and make use of him to cession, exclusive of all the rest of his his service, and he does him no injury posterity. But I shall endeavour to by it: for, whenever he finds the harde shew, how men might come to have a slip of his slavery outweigh the value of property in several parts of that which bis' life, it is in his power, by resisting God gave to mankind in common, and

that without any express compact of all bour put a distinction between them and the commoners.

common: that added something to them 26. God, who hath given the world more than nature, the common mother to men in common, hath also given them of all, had done; and so they became reason to make use of it to the best ad- his private right. And will any one say, vantage of life, and convenience. The he had no right to those acorns or apearth, and all that is therein, is given to ples, he thus appropriated, because he mey for the support and comfort of their had not the consent of all mankind to being. And though all the fruits it na- make then bis ? Was it a robbery thus turally produces, and beasts it feeds, to assume to himself, what belonged to belong to mankind in common, as they all in common? If such a consent as are produced by the spontaneous band that was necessary, man had starved, of nature, and nobody has originally a notwithstanding the plenty God had giprivate domimon, exclusive of ihe rest ven him. We see in commons, which of mankind, in any of them, as they are remain so by compact, that it is the thus in their natural state : yet being taking any part of what is common, given for the use of men, there must of and removes out of the state nature necessity be a means to appropriate leaves it in, which begins the property; them some way or other, briure they without wbich the common is of vo use. can be of any use, or at all beneficial And the taking of this or that part, does to any particular man. The fruit or not depend on the express consent of all venison, which nourishes the wild Iu- the commoners. Thus the grass my dian, who knows no inclosure, and is horse has bit; the turfs my servant has still a tepant in common, must be his, cut; and the ore I have digged in any and so his, i. e, a part of him, that ano- place, where I have a right to them in ther can no longer have any right to it, common with others become iny property before it can do him any good for the within the assignation or consent of any support of his life.

body. The labour that was mine, remo27. Though the earth, and all inferior ving them out of that common state they creatures, be common to allı, en, yeteren were in, hath fixed my property in them. ry man has a property in his own person : 29. By making an explicit consent of this uo body has any right to but bim- every commoner necessary to any one's self. The labour of his body, and the appropriating to himself any part of work of his hands, we may say are pro- what is given in common, children or perly his. Whatsoever then he removes servants could not cut the meat, which out of the state that nature hath provi their father or master bad provided for ded, and left it in, he hath mixed bis them in common, without assigning 10 labour with, and joined to it something every one bis peculiar part. Though the that is his own, and thereby makes it bis water running in the fountain be every property. It' being by him removed one's, yet who can doubt but that in tlie. from the common state nature bath pitcheritis his only who drew it out? His placed it in, it hath by this labour some- labour bath takey it out of the hands of ibing annexed to it, that excludes the nature, where it was common, and becommon right of other men: for this la- longed equally to all her children, and bour being the unquestionable property bath thereby appropriated to himself, of the labourer, no man but he can 30. Thus this law of reason makes the have a right to what that is once joined deer that Iodian's who hath killed it; it is to, at least where there is enough, and allowed to be his goods, who hath beas good, left in common for others. stowed bis labour upon it, thougii be

28. He that is nourished by the acorns fore it was the cominon right of every he picked up under an oak, or the ap- one. And amongst those who are count, ples he gathered from the trees in the ed the civilized part of mankind, who wood, has certainly appropriated them have made and multiplied positive laws to himself. Nobody can deny but the to determine property, this original law nourishment is his. I ask then, when of nature, for the beginning of property, did they begin to be bis? when he di- in what was before cominon, still takes gested? or when he eat? or when he place; and by virtue thereof, what fish boiled? or when he brought them home? any one catches in the ocean, that great or when he picked them up? and it is and still remaining common of mankind; plain, if the first gathering made them or what ambergrease any one takes up Hot his, nothing else could. That la- here, is by the labour that removes it

out of that common state nature left it required it of him. God and bis reason in, made his property, who takes that commanded him to subdue the earth, pains about it. And even amongst us, , i. e. improve it for the benefit of life, and the hare that any one is hunting, is therein lay out something upon it that thought his who pursues her during the was his own, his labour. He that in chace: for being a,beast that is still obedience to this command of God sublooked upon as common, and no man's dued, tilled and sowed any part of it, private possession; whoever has em- thereby annexed to it something that ployed so much labour about any of that was his property, which another had no kind, as to find and pursue her, has title to, nor could without injury take thereby removed her froin the state of from him. nature, wherein she was common, and 33. Nor was this appropriation of any hath begun a property.

parcel of land, by improving it, any pre31. It will perhaps be objected to this, judice to any other man, since there that if gathering the acorns, or other was still enough, and as good left; and fruits of the earth, &c. makes a right to more than the yet unprovided could use. them, then any one may ingross as much So that, in effect, there was never the as he will. To which I answer, Not so. less left for others because of his incloThe same law of nature, that does by sure for himself: for he that leaves as this means give us property, does also much as another can make use of, does bound that property too. God has given as good as take nothing at all. No body us all things richly, 1 Tim. vi. 11. is could think himself injured by the drinkthe voice of reason confirmed by inspi- ing of another man, though he took a ration. But how far has he given it us? good draught, who had a whole river of

To enjoy. As much as any one can the same water left him to quench his make use of to any advantage of life be- thirst : and the case of land and water, fore it spoils, so much he may by his la- where there is enough of both, is perbour fix a property in: whatever is be- fectly the same. yond this, is more than his share, and 34. God gave the world to men in belongs to others. Nothing was made common, but since he gave it them by God for man to spoil or destroy, for their benefit, and the greatest conAnd thus, considering the plenty of na- veniencies of life they were capable to tural provisions there was a long time in draw from it, it cannot be supposed he the world, and the few spenders; and meant it should always remain common to how small a part of that provision the and uncultivated. He gave it to the use industry of one man could extend itself, of the industrious and rational, (and laand ingross it to the prejudice of others; bour was to be his title to it; not to the especially keeping within the bounds, fancy and covetousness of the quarrelset by reason, of what might serve for some and contentious. He that had as his use; there could be then little room good left for his improvement, as was for quarrels or contentions about proper- already taken up, needed not complain, ty so established.

ought not to meddle with what was al32. But the chief matter of property ready improved by another's labour: if being now not the fruits of the earth, he did, it is plain he desired the benefit and the beast that subsist on it, but the of anotber's pains, which he had no eurth itself; as that which takes in and right to, and not the ground which God carries with it all the rest; I think it is had given him in common with others plain, that property in that too is ac- to labour on, and whereof there was as quired as the former. As much land as good left, as that already possessed, and a mau tills, plants, improves, cultivates, more than he knew what to do with, or and can use the product of, so much is his industry could reach to. his property. He by his labour does, as 35. It is true, in land that is common at were, inclose it for the common. Nor in England, or any other country, where will it invalidate his right, to say every there is plenty of people under governbody else has an equal title to it; and ment, who have money and commerce, therefore he cannot appropriate, he can- no one can inclose or appropriate any not inclose, without the consent of all bis part, without the consent of all his fel. fellow-commoners, all mankind. God, low-commovers ; because this is left when he gave the world in common to common by compact, i. e. by the law of all mankind, commanded man also to the land, which is not to be violated. labour, and the penury of his condition And though it be common, in respect of some men, it is not so to all mankind; and do infinitely exceed the small numbut is the joint property of this country; her which was at the beginning. Nay, or this parish. Besides, the remainder, the extend of ground is of so little value, after such inclosure, would not be as without labour, that I have heard it afgood to the rest of the commoners, as firmed, that in Spain itself a man may the whole was when they could all make be permitted to plough, sow and reap, use of the whole; whereas in the he- without being disturbed, upon land he ginning and first peopling of the great has no other title to, but only his making common of the world, it was quite other use of it. But, on the contrary, the in wise. The law man was under, was ra- habitants think themselves beholden to ther for appropriating. God commanded him, who, by his industry on neglected and his wants forced him to labour. and consequently waste land, bas inThat was his property which could not creased the stock of corn, which they be taken from him, wherever he had wanted. But be this as it will, which I fixed it. And hence subduing or culti- lay no stress on ; this I dare boldly af vating the earth, and having dominion, firm, that the same rule of propriety, we see are joined together. The one (viz.) that every man should have as gave title to the other. So that God, much as he could make use of, would by commanding to subdue, gave autho- hold still in the world, without straitenrity so far to appropriate: and the con- ing any body; since there is land enough dition of human life, which requires la- in the world to suffice double the imbabour and materials to work on, neces- bitants, hand not the invention of inoney, sarily introduces private possessions. and the tacit agreement of men to put a

36. The measure of property nature value on it, introduced (by consent,} has well set by the extent of men's la- larger possessions, and a right to them; bour and the conveniencies of life : no which, how it has done, I shall by and man's labour could subdue, or appro- by shew more at large. priate all; nor could his enjoyment con- 37. This is certain, that in the begin. sume more than a small part; so that it ning, before the desire of having more was impossible for any man, this way, than man needed had altered the intrinto intrench upon the right of another, or sic value of things, which depends only acquire to himself a property, to the on their usefulness to the life of man; prejudice of his neighbour, who would or had agreed, that a little piece of still have room for as good, and as large yellow metal, wbich would keep without a possession (after the other had taken wasting or decay, should he worth a out his) as before it was appropriated. great piece of Aesh, or a whole heap of This measure did confine every man's corn; though men had a right to appropossession to a very moderate proportion, priate, by their labour, each one to bimand such as he might appropriate to him self, as much of the things of nature, as self, without injury to any body, in the he could use ; yet this could not be first ages of the world, when men were much, nor to the prejudice of others, more in danger to he lost, by wandering where the same plenty was still left to from their company in the then vast those who would use the same industry. wilderness of the earth, than to be To which let me add, that he, who apstraitened for want of room to plant in propriates land to himself by his labour, And the same measure may be allowed does not lessen, but increase the coinstill without prejudice to any body, as mon stock of mankind : for the provi. full as the world seems; for supposing a sions serving to the support of human man, or family, in the state they were life, produced by one acre of inclosed at first peopling of the world by the chil- and cultivated land, are (to speak much dren of Adam, or Noah; let him plant within compass) ten times more than in some inland, vacant places of Ame- those which are yielded by an acre rica, we shall find that the possessions of land of an equal richness lying waste he could make himself, upon the mea- in common. And therefore he that 11sures ive have given, would not be very closes land, and has a greater plenty Jarge, nor even to this dav, prejudice of the conveniencies of life from ten the rest of mankind, or give them reason acres, than he could have froin an to complain, or think themselves in hundred left to nature, may truly be jured by this inan's incroachment, though said to give ninety acres to mankind : the race of men have now spread them- for his labour now supplies him with selves to all the corners of the world, provisions out of ten acres, which were

« VorigeDoorgaan »