they pass him by, and set up the stoutest placing several parts of it in different and bravest man for their ruler.

bands. They had neither felt the op106. Thus, though looking back as pression of tyrannical dominion, nor did far as records give us any account of ihe fashion of the age, nor their possespeopling the world, and the history of sions, or way of living, (which afforded nations, we commonly find the govern- little matter for covetousness or ambiment to be in one hand; yet it destroys tion) give them any reason to apprehend not that which I affirm, viz. that the or provide against it; and therefore it is beginning of politic society depends up- no wunder they put themselves into such on the consent of the individuals, to a frame of government, as was not only, join into, and to make one society; who, as I said, most obvious and simple, but when they were thus incorporated, might also best suited to their present state and set up what forin of government they condition; which stood more in need of thought fit. But this having given occa- defence against foreign invasions and insion to men to mistake, and think, that juries, than of multiplicity of laws. The by nature government was monarchical, equality of a simple poor way of living, and belonged to the father, it inay not congning their desires within the parrow be amiss here to consider, why people bounds of each man's small property, in the beginning generally pitched upon made few controversies, and so no need this forun, which though perhaps the fa- of many laws to decide them, or variety ther's pre-eminency might, in the first of officers to superintend the process, or institution of some common-wealths, look after the execution of justice, where give a rise to, and place in the begin- there were but few trespasses, and few ning, the power in one hand; yet it is offenders. Since then those, who liked plain that the reason, that continued one another so well as to join into societhe form of government in a single per- ty, cannot but be supposed to have soine son, was not any regard, or respect to acquaintance and friendship together, paternal authority; since all petty mo- and some trust one in another, they narchies, that is, almost all monarchies, could not but have greater apprehennear their original, have been commonly, sions of others, than of one another : at least upon occasion, elective.

and therefore their first care and thought 107. First then, in the beginning of cannot but be supposed to be, how to things, the father's government of the secure themselves against foreign force. childhood of those sprung from bim, ha- It was natural for them to put themving accustomed them to the rule of selves under a frame of government man, and taught them that where it was which might best serve to that end, and exercised with care and skill, with af- chuse the wisest and bravest man to fection and love to those under it, it was conduct them in their wars, and lead sufficient to procure and preserve to men them out against their enemies, and in all the political happiness they sought this chiefly to be their ruler. for in society. It was no wonder that 108. Thus we see, that the kings of they should pitch upon, and, naturally the Indians in America, which is still run into that form of government, which a pattern of the first ages in Asia and from their infancy they had been accus- Europe, whilst the inhabitants werc too tomed to; and which, by experience, few for the country, aird want of peothey had found both easy and safe. To ple and money gave men no temptation which, if we add, that monarchy being to enlarge their possessions of land, or simple, and most obvious to men, whom contest fur wider extent of ground, are neither experience had instructed in the little more than generals of thrir armies ; forms of government, nor the ainbition and though they command absolutely or insolence of empire had taught to be in war, yet at home and in time of ware of the encroachments of preroga, peace they exercise very little dominion, tive, or the inconveniencies of absolute and have but a very moderate sovepower, which monarchy in succession reignty, the resolutions of peace and was apt to lay claiin to, and bring upon war being ordinarily either in the peothem; it was not at all strange, that ple, or in a council. Though the war they should not trouble themselves to itself, which admits not of plurality of think of methods of restraining any ex. governors, naturally devolves the comorbitancies of those to whom they had inand into the king's sole authority. given the authority over them, and of 109. And thus in Isruel itself, the halapcing the power of government, by chief business of their judges, and first kings, seems to have been to be captains Lord hath commanded him to be captuin in war, and leaders of their armies; over his people, xiii. 14. As if the whole which (besides what is signified by going kingly authority were nothing else but out and in before the people, which was, to be their general: and therefore ibe to march forth to war, and home again tribes wbo had stuck to Saul's family, in the heads of their forces) appears and opposed David's reign, when they plainly in the story of Jephiba. The came to Hebron with terms of submisAmmorites making war upon Israel, the sion to him, they tell him, amongst Gileadites in fear send tu Jepbtba, a other argument they had to submit to bastard of their family whom they had him as to their king, that he was in efcast off, and article with bim, if he will fect their king in Saul's time, and thereassist i hem against the Ammorites, to fore they had no reason but to receive make himn their ruler; which they do in him as their king now. Also (say they) these words, And the people made him in time past, when Saul was king over head and captain over i hem, Judges us, thou wast he that leddest out and xi. 11. which was, as it seems, all one broughtest in Israel, and the Lord suid as to be judge. And he judged Israel, unto thee, Thou shalt feed my people Judges xii. 7. that is, was their captuin Israel, und Thou shalt be a captain over general six years. So when Jotham up- Israel. braids the Shechemites with the obliga- 110. Thus, whether a family by detion they had to Gideon, who had been grees grew up into a commonwealth, and their judge and ruler, he tells them, He the fatherly authority being continued fought for you, and adventured his life on to the elder son, every one in his far, and delivered you out of the hands turn growing up under it, tacitly submitof Midian. Judges ix. 17. Nothing men- ted to it, and ibe easiness and equality sioned of him, but what he did as a of it not offending any one, every one reneral: and indeed that is all is acquiesced, till time seemed to have found in bis history, or in any of the confirmed it, and setiled a right of sucrest of the judges. And Abimelech cessiov by prescription : or whether separticularly is called king, though at veral families, or the descendants of se. most he was but their general. And veral familes, whom chance, neighboura when, being weary of the ill conduct of hood, or business brought together, uniSamuel's sons,' the children of Israel de- ting into society, the need of a general, sired a king, like all the nations to judge whose conduct migbt defend them athem, and to go out before them, and to gainst their evemies in war, and the fight their buttles, 1 Sam. viii. 20. God great confidence the innocence and singranting their desire, says to Samuel, I cerity of that poor but virtuous age, will send thee a man, and thou shalt (such as are almost all those wbich beanoint him to be captain over my people gin governments, that ever come to last Israel, that he may save my people out in the world) gave men one of another, of the hands of the Pbilistines, ix. 16. made the first beginners of commonAs if the only business of a king bad wealths generally put the rule into one been to lead out their armies, and fight man's hand, wiihout any other express in their defence; and accordingly at his limitation or restraint, but what the nainauguration pouring a vial of oil upon ture of the thing, and the end of governhiin, declares to Saul, that the Lord ment required : which ever of those it had anointed him to be captain over his was that at first put the rule into the inherilunce, x. 1. And therefore those, bands of a single person, certain it is who after Saul's being solemnly closen Do body was intrusted with it but for and saluted king by the tribes at Mis- the public good and safety, and to those pon, were unwilling to have him their ends, in the infancies of common-wealths, king, made no other objection but this, those wbo had it commonly used it. How shall this man save us? v. 27. as And unless they had done so, young if they should have said, this man is societies could not have subsisted; withie unfit to be our king, not having skill out such nursing fathers tender and and conduct enough in war, to be able careful of the public weal, all governto defend us. And when God resolved ments would have sunk under the weakto transfer the government to David, it dess and infirmities of their infancy, is in these words, But now thy kingdom and the prince and the people had soon shall not continue : the Lord hath sought perished together. him a mun ujter his own heart, and the

111. But though the golden age (be- this last age; nor ever allowed paternal fore vain ambition, and amor sceleratus power to have a right to domojon, or habendi, evil concupiscence, had cor- io be the foundation of all government, rupted men's minds into a mistake of And thus much may suffce to show, true power and honour) had more vir- that as far as we have any lighi from tue, and consequently better governors, history, we have reason to conclude, as well as less vicious subjects; and that all peaceful beginnings of gooerno there was then no stretching prerogative ment have been laid in the consent of on the one side, to oppress the people; the people. I say peaceful, hec use I nor consequently on the other, any dis- shall have occasion in another place to pute about privilege, to lessen or restrain speak of conquest, which some esteem the power of the magistrate, and so no a way of beginning of governments. contest betwixt rulers and people about The other objection I find urged agovernors or government i yet, when gainst the beginning of polities in the ambition and luxury in future ages wonld way I have mentioned, is this, viz. retain and increase the power, without 113. That all men being born under doing the business for which it was giv- government, some or other, it'is imposen; and aided by flattery, taught prin- sible any of them should ever be free, and ces to have distinct and separate inte at liberty to unite together, and begin l'ests from their people, men found it a new one, or ever be able to erect a law. necessary to examine more carefully the ful government, original and rights of government ; and If this argument be good; I ask, how to find out ways to restruin the crorhi- came so many lawful monarchies into tances, and prevent the abuses of that the world? for if any body, upon this power, which they having intrusted in supposition, can shew me any one man another's hands only for their own good, in any age of the world free to begin a they found was made use of to Yurt lawful monarchy, I will be bound to them.

shew him ten uther free men at liberty, At first, when some certain kind of at the same time to unite and begin a regiment was once approved, it may be new government under a regal, or any nothing was then farther thought upou other form; it being demonstration, that for the manner of governing, but all if any one, born under the dominion of permitted unto their wisdom and discre- another, may be so free as to have a tion which were to rule, till by expe- right to coinmand üliers in a new and rience they found this for all parts very distinct empire, every one that is born inconvenient, so as the thing which under the dominion of another may be they had devised for a remedy, did in- so free tou, and may become a ruler, deed but increaee the sore which it or subject, of a distinct separate go. should have cured. They saw, that to vernment. And so by this their own live by one man's will, became the cause principle, either all men, however born." of all men's misery. This constrained are free, or else there is but one lawful them to come unto laws wherein all prince, one lawful goverument in the men might see their duty beforehand, world. And then they have nothing to and know the penalties of transgressing do, but barely to shéw us which that is: them. Hooker's Eccl. Pol. I. i. sect 10, which when they have done, I doubi

112. Thus we may see how probable not but all mankind will easily agree to it is, that people that were naturally pay obedience to bim. free, and by their own consent either . 114. Though it be a sufficient answer submitted to the goverument of their to their objection), to shew that it ine father, or united together out of differ- volves them in the same difficulties that ent families to make a government, it doth those they use it against ; vet I should generally put the rule into one shall endeavour to discover the weakness man's hands, and chuse to be under the of this argument a little farther. *** conduct of a single person, without so all men, say they, are born nnder much as by express conditions limiting goveşnment, and therefore they cannot or regulating his power, which they be at liberty to begin a new one. Every thought safe enough in his honesty and one is born a subject to his father, or his prudence; though they never dreamed prince, and is therefore under the nera of monarchy being jure divino, which petual tie of subjection and allegiance. we never heard of among mankind, till It is plain mankind never owned por it was revealed to us by the divinity of considered any such natural subjection

that they were born in, to one or to the the father, any act of the father car Other that tied them, without their own no more give away the liberty of the son, consents, to a subjection to them and than it can of any body else: he may their heirs.

indeed annex such conditions to the land 115. Forthere are no examples so fre- he enjoyed as a subject of any commonquent in history, both sacred and pro- wealth, as may oblige bis son to be of fane, as those of men withdrawjog them that commuuity, if he will enjoy those selves, and their obedience, from the possessions which were his father's; bes jurisdiction they were born under, and cause that estate being his father's prothe family or community they were bred perty, he may dispose, or settle it, as he up in, and setting up new governments pleases. in other places; from whence sprang all 117. And this has generally given the that number of petty commonwealths in occasion to mistake in this matter; bethe beginning of ages, and which always cause commonwealths not permitting multiplied, as long as there was room any part of their dominions to be disenough, till the stronger, or more fortu- membered, nor to be enjoyed by any nate, swallowed the weaker; and those but those of their community, the son great ones again breaking to pieces, dis- cannot ordinarily enjoy the possessions solved into lesser dominions. All which of his father, but under the same terms are so many testimonies against paternal his father did, by becoming a member sovereignty, and plainly prove, that it of che society; whereby be puts himself was not the natural .ight of the father presently under the government he finds descending to his heirs, that made go- established, as much as any other subvernments in the beginning, since it was ject of that commonwealth. And thus impossible, upon that ground, there the consent of free men burn under goshould have beer so many little king- vernment, which only makes them memdoms; all must have been but only one bers of it, being given separately in their universal monarchy, if men had not been turns, as each comes to be of age, and at liberty to separate themselves from not in a multitude together; people take their families, and the government, be no notice of it, and thinking it not done it what it will, that was set up in it, and at all, or not necessary, conclude they go and make distinct commonwealths and are naturally subjects as they are med. other governments, as they thought fit. 118. But, it is plain governments

116. This has been the practice of themselves understand it otherwise; they the world from its first beginning to this claim no power over the son, because of day; nor is it now any more hindrance that they had over the father ; nor look to the freedom of mankind, that they are on children as being their subjects, by born under constituted und ancient po- their fatheis being so. If a subject of lities, that have established laws, and England have a child, by an English set forms of government, thạn if they woman in France, whose subject is be? were born in the woods, ainongst the Not the King of England's; for he must unconfined inhabitants, that run loose have leave to be admitted to the priviin them: for those who would persuade leges of it: nor the King of France's; us, that by being born under any govern- for how then has his father a liberty to ment, we are naturally subjects to it, bring him away, and breed him as he and have no more title or pretence to the pleases ? and whoever was judged as a freedom of the state of nature, have no iraitor or deserter, if he left, or warred other reason (bating that of paternal against a country, for being barely born power, which we have already answered) in it of parents that were aliens there! to produce for it, but only, because our It is plain then, by the practice of gofathers or progenitors passed away their vernments themselves, as well as by the natural liberty, and thereby bound up law of right reason, that a child is born themselves and their posterity to a per- a subject of no country or government. petual subjection to the government, He is under his father's tuition and au• which they themselves submitted to. It thority, till he comes to age of discreis true, that whatever engagements or tion; and then he is a freeman, at lie promises any one has made for himself, berty what government he will put bimhe is under ihe obligation of them, but self under, what body politic he will cannot, by any compact whatsoever, bind unite himself to : for if an Englishman's his children or posterity: for his son, son, born in France, be at liberty, and when a man, being altogether as free as may do so, it is evident there is no tie

upon him by bis father's being a subject of that government, to which he himself, of this kingdom; nor is he bound up the proprietor of the land, is a subject. by any compact of his ancestors. And By the same act therefore, whereby any why then hath not his son, by the same one unites his person, which were bereason, the same liberty, though he be fore free, to any common-wealth; by the born any where else? Since the power same he unites his possessions, which that a father hath naturally over bis were before free, to it also; and they children, is the same, wherever they be become, both of them, person and pose born, and the ties of natural obligations session, subject to the government and are not bounded by the positive limits dominion of that common-wealth, as of kingdoms and commonwealths. long as it hath a being. Whoever there

119. Every inan being, as has been fore, from benceforth, by inheritance, shewed, naturally free, and nothing be purchase, perimission, or otherways, en. ing able to put him into subjection to joys any part of land, so annexed to, any earthly power, but only his own and under the government of that comconsent ; it is to be considered, what mon-wealth, must take it with the condishall be understood to be a sufficient de- tion it is under; that is, of submitting claration of a man's consent, to make to the government of the common-wealth, him subject to the laws of any govern- under whose jurisdiction it is, as far ment. There is a common distinction forth as any subject of it. of an express and tacit consent, which .121. But since the government has a will concern our present case. No body" direct jurisdiction only over the land, doubts but an express consent, of any and reaches the possessor of it, (before man entering into any society, makes he has actually incorporated himself in him a perfect member of that society, a the society) only as he dwells upon, and subject of that government. The diffi- enjoys that; the obligation any one is culty is, what ought to be looked upon under, by virtue of such enjoyment, to as a tacit consent, and how far it binds, subnit to the government, begins and i. e. how far any one shall be looked on ends with the enjoyment; so that whento have consented, and thereby submit- ever the owner, who has given nothing ted to any governinent, where he has but such a tacit consent to the governmade no expressions of it at all. And ment, will, by donation, sale, or other. to this I say, that every man, that hath wise, quit the said possession, he is at any possessions, or enjoyment, of any liberty to go and incorporate himself inpart of the dominions of any govern- to any other common-wealth; or to ment, doth thereby give his tacit con- agree with others to begin a new one in sent, and is as far forth obliged to obe- pucuis locis, in any part of the world, · dience to the laws of that government, they can find free and unpossessed: during such enjoyment, as any one un- whereas, he that has once, by actual der it; whether this his possession be agreement, and any express declaration, of land, to him and his heirs for ever, given his consent to be of any commonor a lodging only for a week; or whether wealth, is perpetually and indispensibly. it be barely travelling freely on the high- obliged to be, and remain unalterably a way; and in effect, it reaches as far as subject to it, and can never be again in the very being of any one within the the liberty of the state of nature; uniess, territories of that government.

hy any calamity, the government he was 120. To understand this the better, under comes to be dissolved; or else by it is fit to consider, that every man, when some public act cuts bim off from being he at first incorporates himself into any any longer a member of it. common-wealth, he, by his uniting him- 122. But submitting to the laws of self thereunto, annexes also, and sub- any country, living quietly, and enjoymits to the community, those posses ing privileges and protection under them, sions, which he has, or shall acquire, makes not a man a member of that society: that do not already belong to any other this is only a local protection and hogovernment: for it would be a direct mage due to and from all those, who, not contradiction, for any one to enter into being in a state of war, come witbin the society with others for the securing and territories belonging to any government, regulating of property; and yet to sup- to all parts whereof the force of its laws pose bis land, whose property is to be extends. But this no more makes a man regulated by the laws of the society, a member of that society, a perpetual should be exempt from the jurisdiction subject of that coininou-wealth, ihan it

« VorigeDoorgaan »