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would make a man a subject to another, of right and wrong, and the common in whose family he found it convenient measure to decide all controversies heto abide for some time; though, whilst tween them : for though the law of nahe continued in it, he were obliged to ture be plain and intelligible to all racomply to the laws, and submit to the tional creatures; yet men being biassed government he found there. And thus by their interest, as well as ignorant we see, that foreigners, hy living all for want of study of it, are not apt to their lives under another governinent, allow of it as a law binding to them in and enjoying the privileges and protec- the application of it to their particular tion of it, though they are bound, even cases. in couscience, to submit to its admini- 125. Secondly, In the state of nature stration, as far forth as any denison, there wants i known and indifferent yet do not thereby come to be subjects judge, with authority to determine all or members of that common-wealth.--. differences according to the established Nothing can make any man só, but his law : for every one in that state being actually entering into it by positive en- both judge and executioner of the law gagement, and express promise and of nature, men being partial to them. compact. This is that which I think selves, passion and revenge is very apt concerning the beginning of political to carry them too far, and with too societies, and that consent which makes much heat, in their own cases; as well any one a member of any commonwealth. as negligence, and unconcernedness, to CHAPTÉR IX.
make them too remiss in other men's. Of the Ends of Political Society and 126. Thirdly, In the state of nature Government.
there often wants power to back and 123. If a man in the state of nature support the sentence when right, and to be so free, as has been said ; if he be give it due execution. They who by absolute lord of his own person and any injustice offended, will seldom fail, possessions, equal to the greatest, and where they are able, by force to make subject to no body, why will be part good their injustice; such resistance mawith his freedom ? why will be give up ny times makes the punishment danthis empire, and subject himself to the gerous, and frequently destructive, to dominion and controul of any other those who attempt it. power? To which it is obvious to an 127. Thus mankind, not withstanding swer, that though in the state of nature all the privileges of the state of nature, he hath such a right, yet the enjoyinent being but in an ill condition, while they reof it is very uncertain, and constantly main in it,are quickly driven mto society. exposed to the invasion of others : for Hence it comes to pass, that we seldom all bejiog kings as much as he, every find any number of men live any time man his equal, and the greater part no together in this state. The inconvenienstrict observers of equity and justice, cies that they are therein exposed to, thre enjoyment of the property he has in by the irregular and uncertain exercise this state is very unsafe, very insecure. of the power every man has of punishThis makes him willing to quit a con- ing the transgressors of others, make dition, which, however free, is full of them take sanctuary under the estafears and continual dangers : and it is blished laws of governinent, and therein not without reason, that he seeks out, seek the preservation of their property. and is voilling to join in society with It is this makes them so willingly give others, who are already united, to have up every one bis single power of punisha mind to unite for the mutual preser- ing, to be exercised by such alone, as vation of their lives, liberties and es- shall be appointed to it amongst them; tates, which I call by the general name, and by such rules as the community, or property.
those authorized by them to that pur194. The great and chief end, there- pose, shall agree on. And in this we fore, of ven's uniting into common- have the origiual right and rise of both wealths, and putting themselves under the legislative and executive power, as government, is the preservation of their well as of the governments and societies property. To which in the state of na- themselves. ture there are many thiogs wanting. 128. For in the state of nature, to
First, There wants an established, set- omit the liberty he has of innocent de tled, known i'aw, received and allowed lights, a man has two powers. by common consent to be the standard
. The first is to do whatsoever he thinks with an intention to be worse) the powfit for the preservation of himself, and er of the society, or legislative conothers within the permission of the luw stituted by them, can never be supposed of nature : by which law, common to to extend further than the common good; them all, he and all the rest of mankind but is obliged to secure every one's proare one community, make up one society, perty, by providing against those three distinct from all other creatures. And defects above mentioned, that made the were it not for the corruption and vi- state of nature so unsafe and uneasy. tiousness of degenerate men, there would And so whoever has the legislative or be no need of any other; no necessity supreme power of any commonwealth, that men should separate from this great is bound to govern by established standand natural community, and by positive ing laws, promulgated and known to the agreements combine into smaller and people, and not by extemporary dedivided associations.
crees; by indifferent and upright judges, The other power a man has in the who are to decide controversies by those state of nature, is the power to punish laws; and to employ the force of the the crimes committed against that law. community at home, only in the erecuBoth these he gives up, when he joins tion of such Inws, or abroad to prevent in a private, if I may so call it, or par- or redress foreign injuries, and secure ticular politic society, and incorporates the community from inroads and invainto any commonwealth, separate from sion. And all this to be directed to no the rest of mankind.
other end, but the pence, safety, and 129. The first power, viz. of doing public goud of the people. whatsoever he thought for the preserva
CHAPTER X. tion of himself, and the rest of inankind, Of the forms of a Commonwealth. he gives up to be regulated by laws made 132. The inajority having, as bas by the society, so far forth as the pre- been shewed, upon inen's first uniting servation of himself, and the rest of into society, the whole power of the that society shall require; which laws community naturally in them, may emof the society in many things confine ploy all that power in making laws for the liberty he had by the law of nature. ibe community from time to time, and
130. Secondly, The power of punish- executing those laws by officers of their ing he wholly gives up, and engages own appointing ; and then the form of bis natural force, (which he might be the government is a perfect democracy: fore empploy in the execution of ihe law or else may put the power of making of nature, by his own single authority, laws into the hands of a few select men, as he thought fit) to assist the executive and their heirs or successors; and then power of the society, as the law thereof it is an oligarchy: or else into the hands shall require; for being now in a new of one man, and then it is a monarchy: state, wherein he is to enjoy many con- if to him and his heirs, it is an heredia veniencies, froin the labour, assistance, tary monarchy: if to him only for lite, and society of others in the same com- but upon his death the power only of munity, as well as protection from its nominating a successor toi eturn to them, whole strengtlı; he is to part also with an elective monarchy. And so accordas much of his natural liberty, in pro- ingly of these the community may make viding for himself, as the good, prospe- compounded and mixed forms of governrity, and safety of the society shall re- ment, as they think good. And if the quire; which is not only necessary, but legislative power be at first given by the just, since the other members of the so- majority to one or more persons only ciety do the like.
for their lives, or any limited time, and 131. But though men, when they en- then the supreme power to revert te ter into society, give up the equality, thein again ; when it is so reverted, the liberty, and executive power they bid. community may dispose of it again anew in the state of nature, into the hands into what hands they please, and so of the society, to he so far disposed of constitute a new form of government : by the legislative, as the good of the for the form of government depending society shall require; yet it being only upon the placing the supreme power, with an intention in every one the ber which is the legislutive, it being imposter to preserve himself, his liberty and sible to conceive that an inferior power property ; (for no rational creature can should prescribe to a superior, or any be supposed to change his condition but the supreme make laws, according VOL. IX. .
as the power of making laws is placed: sclves into such employments, or such is the form of the common-wealth stand in competition with men as 133. By common-wealth, I must be
€ well or better qualified for the busiunderstood all along to mean, not a de
ness than themselves, this is genemocracy, or any form of governinent, but any independent community, which rally looked upon as a just cause the Latins signified by the word civitas, of suspicion of some sinister ends to which the word which best answers and designs in them. in our language, is common-wealth, and This being so in private trusts, most properly expresses such a society why is it not, or should it not be of men, which cominunity or city in
much more so in public, since they English does not; for there may be
are of greater importance? subordinate communities in a govern
And yet ment; and city amongst us has a quite it is not always in these: The rea. different notion from common-wealth : son is this : Of public offices of trust, and therefore, to avoid an higuity, I some are also offices of profit, and crave leave to use the word common reason good they should be so, be. wealth in that sense, in which I find it ing offices of great skill and pains, used by King James The first ; and I
and requiring the expence of living take it to be its genuine signification; which if any body dislike, I consent
proportionable to the dignity of the with him to change it for a better.
office: And such as providence hath [To be continued.
left to get their livings by their labour, may reasonably desire such
honest employments as they are duly CONSIDERATIONS FOR COMPETI- qualified for. But in this there are TORS AND ELECTORS OF usually great faults committed, as REPRESENTATIVES IN
1. When men, who are in a compePARLIAMENT.
tent, decent, and convenient way of
living, are not contented therewith, · [From Lord Somers's Tracts. vol. Iv.] but ambitiously aspiring, or insati
ably gaping, after great and higher Trusts are things, which all men matters : These are not, nor cannot agree, nemine contradicente, ought to be either compleat christians, or be performed with all faithfulness, truly good men, and when the temp. and for that purpose with all care tation comes, do usually shew them. and diligence, that the nature, in- selves. 2. When they seek such portance or difficulty of the matter places merely for the profit, and are doth require. Hence it is that ho- not sufficiently qualified duly to disnest men, who make conscience of charge the office and trust. 3. When the due performance of their obliga- by their interest or friends, they intions, are not easily persuaded into terpose to keep out better or fitter such undertakings, unless where men than themselves; in both which near relation, intimate friendship, cases they do prejudice to the pubgreat charity upon some special ad. lic, and are obstacles and impedivantage and need of their assistance ments to its service. doth move, and in some sort oblige i Other offices and imployments are them to it; much less are they apt of great trust, honour and authority, to intrude into such employments, but of little or no profit, but rather or offer themselves, except where occasion of expence. These, I conthere is apparent need of their assis- ceive, are neither to be sought fur tance, and upon due consideration the honour or authority by any, nor of their own abilities to discharge to be refused for their trouble or ex. what they undertake : And there- pence, by such as are well qualified fore when men are without any such for them, when they are regularly special inotives found to thurst them- called to that service. But of all public
trusts in his nation, there is none, These five qualifications are as rctaken singly, of greater weight and quisite to a complete parliament concern than that of enquiring, con- man, as are the five senses to a comsulting and aeting, in parliament; plete man. of which I shall speak a little more Such indeed are to be desired, to particularly, as to persons to be chobe sought for, to be preferred and sen for representatives of the com- chosen, where they may be had. mons, and the duty of the electors. But where persons thus qualified in Each of these hath a double trust all particulars, and in the highest dereposed in him, the one by the elec- gree', are not to be had, in such case tors for the special good of the place they that come nearest are to be chofor which he is chosen, the other by sen, especially at such times when the constitution of our government matters of great moment and concern for the good of the whole nation, are to be ordered. This is plain and wherein the religion, lives, liberties, evident, because the end, which all properties, and whole concern of all men in such cases are by the laws that is valuable is comprehended, of God and nature obliged to intend, and many times great concerns of is the public good, and by conscother nations also: And in this the quince are likewise obliged to make representative of the meanest bon choice of the most just and proper rough hath an equal share with a means and instruments for the at. knight of the largest county.
taining of that end; and such only The qualifications of a person to be are those who have most of the princhosen for such a service, ought to cipal qualifications aforesaid, and in be proportionable and agreeable to the highest degree. the extent and weight of the trust, And by this rule may all such, which is to be reposed in him. As both competitors and electors, who 1. Integrity, and such integrity as are more concerned to discharge is not to be moved by any prospect their duty and serve their country, of profit, honour, or fear of the faces than to gratify their ambition or serve of men. 2. Knowledge and good uno a private interest, easily direct their derstanding in that variety of mat- actions, and judge the actions of oters, which may occur, and are there thers. And therefore 1. for competo be considered, whether ecclesias- titors, whoever, because of his quali. tical or civil, the principles of laws ty, bis estate and ability to spend and government in general, and the most moncy, or his interest among laws and government of England in his neighbours upon any other score particular, and many other matters, than the qualifications aforesaid, with a good sagacity, prospect and shall oppose another better qualified foresight, into the remote conse- in those respects for this purpose quences of things. 3. Diligence and than bumselt, docs certainly either Industry, to attend and consider, and act upon mistaken principles, or is prepare and forward matters of im- transported with a vain ambition, or portance to the public. These are bas out that affection for his coule necessary, if not indispensable quali- try, and sense of his duty, as he fications; to which may be added ought to have. And this may be two others of great use, that is, further demonstrated from a familiar 4. Elocution, so as to speak perti- instance, for there is no wise and nently and closely to business, and considerate man, but in his private 5. Reputation of integrity and good matters of liv, in inaiters relating to judgment, which usually makes his health, in matters of dealings what is spoken by such a person to with other men, and the like, will be the more regarded by the rest. seck assistance from such as are of more ability in those respects than good of his country, and the latter himself; and therefore in matters of his own interest or humour before greatest moment to himself, to his cither. A like mistake is very composterity, and whole country, not mon in cities and boroughs, where to do the like, is inconsistent both they think themselves obliged to with common prudence, and that choose their actual or expected benesense of duty, and of the weight of factors, 'and they again expect to be his undertaking, which every bo- chosen. Of these we may judge hy nest man bath in the acceptance of what is said of the last. In the but a private trust; and certainly country many are swayed by fear of mens so forward intruding into a the displeasure of their landlords or trust of so great importance, deserves great noir bolirs, and they as unno other construction than it doch, reasonalily expect their compliance. and usually bath, in the case of a The former do in a matter of greater private trust, under the like circun importillice, the choice of trustees for stances.
their country, what they would not By the same rule also may the do iu a less, the choice of trusters clectors as easily direct their choice, for a small estate of their own: And if they intend the just and honest the latter take from their neighbours discharge of their duts ; that is, if that freedom, which they would not they regard only or principally the have taken from themselves; or hatrue and proper qualitications of the ving basely given up their own, person for the business for which he would injuriously usurp their neighis to be chosen, and lay aside all bours right, as bath often been the by-respects and private concerns.- case of late times. For that rabble Some men pretend that a good estate of brutes who are ready to sacrifice is ą necessary, or principal qualifi- all to their bellies, they are scarce cation, to oblige the person to be capable of hearing reason, Venter the more concerned for so consider. non habet aures, but if any of them able an interest, but that is but a have so much humanity left as 10 mere fallacy; for a couctous or am- listen to it, the rulc before expressed bitious man will be apt to use that may direct him. as a step to sacrifice the interest of his country, to the satisfaction of his humour, which soever it is, whereas HISTORY OF THE REVOLUTIONS an honest man contented with bis
OF CORSICA. condition, will be no less careful to preserve the litle he barb, than he [By the late Mr. Boswell, 1768./ that haih n:ore. Others are carried: Liberty is so natural, and so dear up to the consideration of friendship, to mankind, whether as, individuals which is as unreasonable as if a man or as members of society, that it is instead of an able lawyer or physi- indespensibly necessary to our hap. cian, should make choice of a per- piness. Every thing worthy ariseth son but incanly skilled in either of from it. Liberty gives health to the those sciences because he is his mind, and enables us to enjoy the friend: And as absurd and unrea- full exercise of our faculties. He şunable it is for any man to take it who is in chairs cannot move cilher :ll from his friend, who chooseth the casily of gracefully; nothing elegant assistance of a more proper man in or noble can be expected from those, a special case than himself. The whose spirits are subdued by tyranny, first of these does plainly prefer his and whose powers are cramped by private friendship before the public restraint.