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kolokyntosis of Claudius, Cum sit ei by him, yet 'our obligation to submit republica esse aliquem qui cum Romu- to the civil law is a principal paralo possit ferventia rapa vorare. To graph in the nafural law, which he say the truth, it would have been a has most inanifestly given us. In wiser measure to have made these truth, we can no more doubt of the royal persons gods at once: as gods obligations of both these laws, than they would have done neither good of the existence of the law-girer. As nor hurt; but as emperors, in their supreme lord overall bis works, bis geway to divinity, they acted like devils, neral providence regards immediate
If my readers are ready by this ly the great commonwealth of man. time to think me anti-monarchial, kind; but then, as supreme lord, and in particular an enemy to the likewise, his authority gives a sancsuccession of kings by hereditary tion to the particular bodies of law right, I hope to be soon restored to which are made under it. The law their good opinion. I esteem mo- of nature is the law of all his subnarchy above any other form of go- jects: the constitutions of particular vernment, and hereditary monarchy governments are like the by-laws of above elective. I reverence kings, cities, or the appropriated customs their office, their rights, their per- of provinces. It follows, therefore, sons; and it will never be owing to that he who breaks the laws of his the principles I am going to establish, country, resists the ordinance of God, because the character and govern- that is, the law of his nature. God ment of a Patriot King can be esta- has instituted neither monarchy nor blished on no other, if their office and aristocracy, nor democracy, nor mistheir right are not always held divine, ed government: but though God has and their persons always sacred. instituted no particular form of go
Now we are subject, by the con- vernment among men, yet, by the stitution of human nature, and there- general laws of his kingdom, he es• fore by the will of the Author of this acts our obedience to the laws of and every other nature, to two laws. those communities to which cach of One given immediately to all men us is attached by birth, or to which by God, the same to all, and obli- he may be attached by a subsequent gatory alike on all. The other given and lawful engagement. to man by man; and therefore not From such plain, unrefined, and the same to all, nor obligatory alike therefore, I suppose truc reasoning, on all: founded indeed on the same the just authority of kings, and the principles, but varied by different due obedience of subjects, may be deapplications of them to times, to duced with the utmost certainty, characters, and to a number which And surely it is far better for kings may be reckoned infinite, of other themselves to have their authority circumstances. By the first you see, thus founded on principles incontesthat I mean the universal law of rea- tible, and on fair deductions from son; and by the second, the parti. them, than on the chimeras of madcular law, or constitution of laws, mer, or, what has been more comby which every distinct community mon, the sophisms of knaves. A bas chosen to be governed.
human right, that cannot be controThe obligation of submission to verted, is preferable surely to a pre. both, is discoverable by so clear and tended divine right, which every man so simple an use of our intellectual must believe implicitly, as few will faculties, that it may be said pro- do, or not believe at all. perly enough to be revealed to us by But the principles we have laid God; and though both these laws down do not stop herè. A divine cannot be said properly to be given right in kings is to be deduced evio dently from them. A divine right higher, majesty is not an inherent, to govern well, and conformably to but a reflected light. the constitution at the head of which All this is as true of elective, as it they are placed. A divine right to is of hereditary monarchs; though govern ill, is an absurdity: to assert the scribblers for tyranny, under the it is blasphemy! A people may choose, name of monarchy, would have us or hereditary succession may raise, believe that there is something moro a bad prince to the throne; but a august, and more sacred, in one than good king alone can derive his right the other. They are sacred alike, to govern from God. The reason is and this attribute is to be ascribed, plain : good government alone can or not ascribed to them, as they an, be in the divine intention. God has swer, or do not answer, the ends of made us to desire happiness; he their institution. But there is anohas made our happiness dependent ther comparison to be made, in on society; and the happiness of so- which a great and most important ciety dependent on good or bad go- dissimilitude will be found between vernment. His intention therefore hereditary and elective monarchy. was, that government should be good. Nothing can be more absurd, in
This is essential to his wisdom; pure speculation, than an hereditary for wisdom consists surely in pro- right in any mortal to govern other portioning means to ends : therefore men: and yet, in practice, nothing it cannot be said without absurd im can be more absurd than to have a piety,' that he confers a right to op- king to choose at every vacancy of a pose his intention).
throne. We draw at a lottery indeed The office of kings is then of right in one case, where there are many divine, and their persons are to be chances to lose, and few to gain. reputed sacred. As men, they have But have we much more advantage no such right, no such sacredness of this kind in the other? I think belonging to them : as kings they' not. Upon these, and upon most have both, unless they forfoit them. occasions, the multitude would do Reverence for government obliges to at least as well to trust to chance as reverence governors, who, for the choice, and to their fortune as to sake of it, are raised above the level their judgment. But in another reof other men: but reverence for go- spect the advantage is entirely on the vernors, independently of govern. side of hereditary succession : for in ment, any further than reverence elective monarchies, these elections, would be due to their virtues if they whether well or ill made, are often atwere private men, is preposterous, tended with such national calamities, and repugnant to common sense that even the best reigns cannot make The spring from which this legal re- amends for them; whereasin hereditaverence, for so I may call it, is na- ry monarchy, whether a good or a bad tional, not personal. As well might prince succeeds, these calamities are we say that a ship is built, and avoided. There is one source of evil loaded, and manned, for the sake of the less open : and one source of evil any particular pilot, instead of ac- the less in human affairs, where knowledging that the pilot is made there are so many, is sufficient to for the sake of the ship, her lading, decide. We may lament the impero and her crew, who are always the fections of our human state, which owners in the political vessel, as to is such, that in cases of the utmost say that kingdoms were instituted importance to the order and good for kings, not kings for kingdoms. government of society, and by con- , In short, and to carry our allusion sequence to the happiness of our
kind, we are reduced, by the very himself of his natural liberty, and puts constitution of our nature, to have on the honds of civil society, is by no part to take that our reason can agreeing with other men to join and
unite into a community, for their comapprove absolutely. - But though we
fortable, safe, and peaceable living one lament, we must submit to it. We
amongst another, in a secure enjoyment must tell ourselves once for all, that of their properties, and a greater secu
rity against any, that are not of it. This our imperfect state; that Stoical mo. any number of men may do, because it. rals, and Platonic politics are nothing
injures not the freedom of the rest; they better than amusements for those
are left as they were in the liberty of
the state of nature. When any number who have had little experience in the
of men have so consented to make one affairs of the world, and who have community or government, they are much leisure, verbo otiosorum senum thereby presently incorporated, and ad imperitos juvenes ; which was the make one body politic, wherein the macensure, and a just one too, that jority have a right to act and conclude Dionysius passed on some of the doe
me of the doe. the rest.
96. 'For when any number of men trines of the father of the academy.
have, by the consent of every individual, In truth, all that human prudence
made a community, they have thereby can do, is to furnish expedients, and made that comnunity one body, with a to compound as it were with general power to act as one body, which is only vice and folly; employing reason to by the will and determination of the ma. act even against her own principles, jority : for that which acts any commuand teaching us, if I may say so,
nity, being only the consent of the indi
viduals of it, and it being necesary to insanire cum ratione, which appears
that which is one body to move one on many occasions not to be the pa
way; it is necessary the body should radox it has been thought.
move that way whether the greater force To conclude this head, therefore, carries it, which is the consent of the as I think a limited monarchy the majority: or else it is impossible it should best of governments, so I think an act or continue one budy, one communihereditary monarchy the best of mo
ty, which the consent of every indivi
dual that united into it, agreed that it narchies. I said a limited monarchy ;
should be ; aud so every one is bound for an unlimited monarchy, wherein by that consent to be concluded by the arbitrary will, which is in truth no majority. And therefore we see, that. rule, is however the sole rule, or in assemblies, impowered to act by posistands instead of all rule of govern
tive laws, where no number is set by ment, is so great an absurdity, both
That positive law which impowers them, in reason informed or uninformed by
the act of the majority passes for the act
of the whole, and of course determines, experience, that it seeins a govern
as having by the law of nature and reament fitter for savages than for ci
son, the power of the whole. vilised people.
97, And thus every man, by consent[To be continued.]
ing with others to make one body politic under one government, puts biniself
under an obligation, to every one of that LOCKE ON GOVERNMENT. society, to submit to the determination [Continued from page 230.]
of the majority, and to be concluded by it; or else this original compact, where.
by he with others incorporates into one CHAPTER VIIT.
society, would signify nothing, and be Of the beginning of Political Societies. no compact, if he be left free, and un
95. Men being, as has been said, der no other ties than he was in before by nature, all free, equal, and inde in the state of nature. For what appendent, no one can be put out of this pearance would there be of any comestate, and subjected to the political pact? what new engagement if he were power of another, without his consent. no farther tried by the decrees of the The only way whereby any one divests society, than he hiinself thought fit, and
did actually consent to? This would be ther, that met together, and in this way still as great a liberty, as he himself had begun and sct up a government. before his compact, or any one else in 2d. It is impossible of right, that men the state of nature hath, who may sub- should do so,becuuse all men being born unmit hiniself, and consent to any acts of der government,they are to submit to that, it if he thinks fit.
and are not ut liberty to begin a new one, 98. For it the consent of the majority 101. To the first there is this to ans shall not, in reason, he received as the swer, That it is not at all to be wonderact of the whole, and conclude every ed, that history gives us but very little individual, nothing but the consent of account of men, that lived together in every individual can make any thing to the state of nature. The inconveniencies be the act of the whole: but such a of that condition, and the love and want consent is next to impossible ever to be of society, no sooner brought any numhad, if we consider the infirmities of ber of men together, but they presently health, and avocations of business, which united and incorporated, if they designin a number, though much less than ed to continue together. And if we may that of a common-wealth, will necessari- not suppose nien ever to have been in ly keep many away from the public as- the state of nature, because we hear not séinbly. To which if we add the variety much of them in such a state, we may of opinions, and contrariety of interests, as well suppose the armies of Salmanaswhich unavoidably happen in all collec- ser or Xerxes were never children, betions of men, the coming into society cause we hear little of them, will ihey upon such terms would be only like were men, and embodied in armies. GoCato's coming into the theatre, only to vernment is every where antecedent to go out again. Such a constitution as records, and letters seldom coine in da this would make the mighty Leviathan mongst a people till a long continuation of a shorter duration, than the feeblest of civil society has, by other more necreatures, and not let it outlast the day cessary arts, provided for their safety, it was born in; which cannot be sup- ease, and plenty: and then they begin posed, till we can think, that rational to look after the history of their founcreatures should desire and coustitute' ders, and search into their original, when societies only to be dissolved : for where they have out-lived the memory of it; the majority cannot conclude the rest, for it is with cominon-wealths as with there they cannot act as, one body, and particular persons, they are coinmonly consequently will be iminediately diso ignorant of their own births and infausolved again.
cies; and it' they know any thing of their 99. Whosoever therefore out of a original, they are beholden for it, to the state of nature unite into a coinmunity, accidental records that others have kept must be inderstood to give up all the of it. And those that we have, of the power, necessary to the ends for which beginning of any politics in the world, they unite into society, to the majority excepting that of the Jews, where God of the community, unless they expressly himself immediately interposed, and agreed in any poinber greater than the which favours not at all paternal domimajority. And this is done by barely nion, are all either plain instances of agreeing to unite into one political su- such a beginning as I have mentioned, ciety, which is all the compact that is, or at least have manifest footsteps of it. or needs be, between the individuals, 102. He must shew a strange inclinathat enter into, or make up a common- tion to deny evidentmatter of fact, when wealth. And thus that, which begins it agrees not with his hypothesis, who and actually constitutes any political so- will not allow, that the beginning of Rome ciety, is nothing but the consent of any and Venice were by the initing together, number of freemen capable of a majori- of several men free and independent one ty to unite and incorporate into such a of another, ainungst whom there was no society. And this is that, and that only, natural superiority or subjection. And which did, or could give beginning to if Josephus Acosta's word may be taken, any lawful government in the world. he tells us, that in many parts of America
100. To this I find two objections there was no government at all. There made.
are great apparent conjectures, says he, 1st. That there are no instances to be that these men, speaking of those of Peru, found in story, of a company of men in- for a long time had neither kings nor dependent, and eyuub one amongst aneh cummon-wealths, but lived in troops, as
they do to this duy in Florida, the Che- there can be little room for doubt, eiriquanas, those of Brasil, and many other ther where the right is, or what has been nations, which have no certain kings, the opinion, or practice of mankind, a- but as occasion is offered, in peace or war, bout the first erecting of governments.
they choose their captains as they 105. I will not deny, that if we look please, l. i. c. 25. If it be said, that every back as far as history will direct us, toman there was born subject to bis fa wards the original of common-wealths, ther, or the head of his family ; that the we shall generally find them under the subjection due froni a child to a father government and administration of one took not away his freedom of uniting man. And I am also apt to believe, that into what political society be thought where a family was numerous enough to fit, has been already proved. But be subsist by itself, and continued entire that as it will, these men, it is evident, together, without mixing with others, were actually free; and whatever supe- as it often happens, where there is much riority some politicians now would place land, and few people, the government in any of them, they themselves claimed commonly began in the father : for the
commonly began ini jt not, but by corisent were all equal, father having, by the law of nature, the till by the same consent they set rulers same power with every man else 10 puover themselves. So that their political nish, as he thought fit, any offences asocieties all began from a voluntary gainst that law, might thereby punish union, and the mutual agreement of his transgressing children, even when men freely acting in the choice of their they were men, and out of their pupigovernors, and forms of government. lage; and they were very likely to sub
103. And I hope those who went mit to his punishment, and join with away from Sparta with Planutus, men- him against the offender, in their turns, tioned by Justin, 1. j. c. 4. will be al- giving him thereby power to execute bis lowed to have been freemen independent sentence against any transgression, and one of another, and to have set up a go- so in effect make him the law-maker, vernment over themselves, by their own and governor over all that remained in consent. Thus I have given several ex- conjunction with his family. He was amples out of history, of people free in fittest to be trusted; paternal affection the state of nature, that being met toge- secured their property and interest unther incorporated and began a common-' der his care; and the custom of obeying wealth.' And if the want of such in- him, in their childhood, made it easier to stances be an argument to prove that submit to him, rather than to any other. government were not, por could not be If therefore they must have one to rule so began, I suppose the contenders for them, as government is hardly to be paternal empire were better let it alone, avoided amongst men that live together; than urge it against natural liberty : for who so likely to be the man as he that if they can give so many instances, out of was their common father; unless neglihistory, of governments begun upon pa- gence, cruelty, or any other defect of ternal right. I think (though at best an mind or body made him unfit for it? argument from what has been, to what But when either the father died, and should of right be, has no great force) left his next heir, for want of age, wisone might, without any great danger, dom, courage, or any other qualities, less vield them the cause. But if I might fit to rule; or where several families met, advise them in the case, they would do and consented to continue together; well not to search too much into the there,it is not to be doubted, but they used original of governments, as they have be- their natural freedom, to set up him, gun de facto, lest they should find, at the whom they judged the ablest, and most foundation of most of them, something likely to rule well over them. Convery little favourable to the design they formable hereunto we find the people of promote, and such a power as they con America, who (living out of the reach tend for.
of the conquering swords, and spreading 104. But to conclude, reason being domination of the two great empires of plain on our side, that men are natural Peru and Mexico) enjoyed their own iv tree, and the examples of history shew. natural freedom, though, cæteris pariing, that the governments of the world, bus, they commonly prefer the heir of that were begun in peace had their be their deceased king; yet if they find siuning laid on that foundation, and him any way weak, or uncapable, they were made by the consent of the people ;