LIBRARY OF THE UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN >( 321 L79 1690 Minus Historical Survey TWO TR OF n '-I 4 ) In the former, The fa/fe {Principles , and Foundation OF Sit FILMED And his F o l l o w e r s, ARE . 3Defette& and j3D&ertt»onm, The latter is an ESSAY CONCERNING THE True Original, Extent, and End t •; - ' ;OF Civil Government. LONDON. 9 * Printed for Awnjham Churchill , at the Black. Swan in Ave-Mary-Lane , by Amen - Corner, 1690. '■. - - 'G *•/ 37.1 l_n ^ uqo •Yt' i l— *7 ra^icM- •tfiMe..' J THE PREFACE. 0 • * " • * • Reader , nr^Hoii had here the Beginning and End ol a Dilcourle, concerning Government; what Fate has otherwife diipofed of the Papers, that fhouid have filled up the middle, and were more than all the reft, ’tis not worth while to tell thee, Thefe, which remain, l hope, are lufficient to eftablifh the Throne / * ^ * of our great Reftorer, Our present King William *, to make good his Title, in the Conlenc of the People, which being the only one, of all lawful Governments, he has more fully and clearly than any Prince in Chriftendom. And to juftifie to the World, the People of England , whole love of their juft and natural Rights, > A 3 with .y • i A L. The which are here untouched, to drip >ir Robert’s Difcourles of the Flourifli >f doubtful Expreflions, and endea- 4 * & /our to reduce his Words to direcf, X)fitive , intelligible Propofitions, ind then compare them one with mother, he will quickly be latisfied, here was never (o much glib Non- enfe put together in well founding S nglijh . If he think it not worth while, to examine his Works all J • • « hrough, let him make an Experi- nent in that Part where he treats )f Ulurpation ; and lc t him try whe- her he can, with a’l his Skill, make ' * / fir Robert intelligible, and confident with himfelf, or common lenle. I hould not (peak fo plainly of a Gen- leman, long fince pad anfwering, lad not the Pulpit, of late Years, )ublickly owned his Do • / " < i /V 1 * I l \ | THE Contents of Boo k I. Chap. I. *" I s HE Introduction p. i. \ Chap. II. Of Paternal, and Regal Power p. 6 . Chap. III. Of Adam’/ Title to Sovereignty , by Creation p. 18; Chap. IV. Of Adam 7 s Title to Sovereignty, by Donation , Gen. i. 28. p. 27. Chap. V. Of Ada mV Title to Sovereignty , by the Subjection of Eve p. < ■ p. 1 : - — m THE Contents of Book II: t | ' ; 9 ", • a. a. X 4 A fc. % \ IV Chap. I. HE Introduction p. 217. Chap. II. Of the 1 State of Nature p. 220. Chap. The CONTENTS. Chap. III. Of the State of War p. 2 2 <. Chap. IV. Of Slavery p. 241. Chap. V. Of Property p. 245. Chap. VI; Of Paternal Power p. 271. Chap. VII. Of Political , or Civil Society p. 297. Chap. VIII. Of the Beginning of Political Societies p. gi6i Chap. IX. Of the Ends of Political Society , and Government P* 545* Chap. X. Of the Forms of a Commonwealth p. ?<>i. Chap. XI. Of the Extent of the Legiftative Power P- 35 ?. Chap. XII. Of the Legiftative , Executive, and Federative Power of the Common- wealth p. 365. Chap. XIII. Of the Subordination of the Powers of the Commonwealth p. 269. Chap. XIV. Of Prerogative p. 382. Chap. XV; Of Paternal, Political, and De- fpotical Power, confidered together p. 392. Chap; XVI. Of Conqueft p. 397. Chap. XVII. Of Vfurpation p.418. Chap. XVIII. Of Tyranny p. 420. Chap. XIX. Of the Dijfolution of Govern¬ ments P-432- The End of the Contents. BOOK BOOK I. CHAP. !. Lavery is Co vile and milerable an Eftateof Man,and lb dire&ly op- . j| polite to the generous temper and courage of our Nation 3 that ’tis ardly to be conceived,that an Englifhman , iuchlefsaGe*//e»/rf#,lhould plead for’t.And ruly I fhould have taken this as any other ‘reatife, which would pcifwade all Men, lat they are Slaves and ought to be Co 3 >rfuch an other exercife of Wit, as was is who writ the Encomium of Ntro> ra- ier than for a ferious Difcourle meant in trneft, had not the gravity of the Title id Epiftle, the Pifture in the Front of Sr. bts^ Book, and the applaufe that folic'V- i it) required me to believe that the Au» tor and Publilher were both in earned, therefore took the Patriarcha of Sr. R. • timer into my hands with all the expe&a- r>n, and read it through with all the tention due to a Trcatife, that made ch a noife at it’s coming abroad, and can- B not ( 2 ) not but confefs ray felf mightily furprifed that in a Book which was to j>rovid< Chains for all mankind, I (honld find no thing but a Rope of Sand ufeful perhap to fuch vvhofe skill and bufinels it is tc raife a dull, and would blind the Peoph the better to mitlcad them, but is noto any force to draw thofe into Bondage .who have their Eyes open and fo mucl Senfe about them, as to confider tha Chains are but an ill wearing, how mucl care foever hath been taken to file ant polifh them. §. 2. If any one think I take too mud liberty in fpeaking fo freely of a Man who i the great Champion of absolute Power, anc the Idol of thofe who worfhip it , I be feech him to make this fmail allowano for once, to one, who even after the read ing of Roberts Book, cannot but thinl himfelf as the Laws allow him a Free v man, and I know no fault it is to do lb, un kfs any one better skill’d in the Fateo it than I, (hould have it revealed to him that this Treatife which has lain dorman fo long, was when it appeared in thi World to carry by ftrength of its Argu ments, all Liberty out of it, and tha . from thence forth our Authors Ibort mode was to be the pattern in the Mount an< _ the perfect Standard of Politics for th< ^ future ( 3 ) 'uture.. His Syftem lies in a little com* )afs ’tis no more but this, [hat all Government is alfohtte 'Monarchy , and the ground he builds on is this , That no Man is born free . at r i | If i e • 3. Since there have been a generation of Vlen fprung up in the World that would latter Princes with an Opinion that they tave a Divine Right to abfolute Power, let the Laws by which they are continu¬ ed and are to govern, and the Conditi¬ ons under which they enter upon their Authority, be what they will, and their mgagements to obferve them never to veil ratified by folemn Oaths and Pro- nifes, they have denied Mankind a Right, :o natural Freedom, whereby they have lot only as much as in them lies expos’d ill Subje&s to the utmoft Mitery of Ty¬ ranny and Oppreflion* but have alio to jnlettled the Titles, and (haken the Thrones of Princes. (For they too, by thefe Men’s Do&rin, except only one, are all born Slaves, and by divine Right are Subje&sto Adams right Heir) as if they bad defign’d to make War upon all Go¬ vernment, and fubvert the very Founda¬ tions of Human Society. k'. ;i; . $ 2 How* CO 4. However we muft believe them upon their own bare words, when they tell U9 we are all born Slaves and there is no remedy for it, we muft continue fo $ Life and Thraldom we entered into together, and ca n ne ver be quit of the one,till we part with the other, though I do not find Scripture or Reafon any. where fay fo, however thefe Men would perfwade us that Divine Authority hath fubje&ed us | to the unlimited Will of another. An ad¬ mirable State of Mankind, and that which they have not had wit enough to find out till this latter Age. For however Sr. Rob. Filmer feems to condemn the Novelty of the contrary Opinion, Patr. p. 3. yet l| believe it will be hard for him to find any other Age or Country of the World, but this which have alTerted Monarchy to be Jure D/vino. And he confeffes Patr. p. 4. That Heyvoard , Blackwood , Barclay and 0- thers that have bravely vindicated the Right of Kings in mojl Points , never thought ©f this, but with one Conjent admitted the Natural Liberty and Equality of Mankind. By whom this Doftrine came at firft to be broalch’d and brought in fafhion a - mongft us, and what fad Effe&s it gave rife to , I leave to Hiflorians to relate or the Memory of thofe who were Contem* poraries with Sibthorp and Manwering to * recol- CO recoleft my bufinels at prelent, being on¬ ly to confider what Sr. R. F. who is allow¬ ed to have carried this Argument tar- :heft, and is fuppofed to have brought it :o perfeftion, has faid in it 3 For from lim every one who would be as faihion- ible as French was at Court, has learned md runs away with this fhort Syltem of Politics, viz. Men are not born free, and herefore could never have the liberty to :hoofe either Governors or Forms of Go¬ vernment, Princes have their Power Ab- olute and by Divine Right, for Slaves :ould never have a right to Compaft or fonfent} Adam was an abfolute Monarch, nd fo are all Princes ever fince. B 2 CHAP. I C 6 ) CHAP. II. § , f Of Paternal and Regal Power. 6 ' OlR-R. & s great Pofit * ,orl that Mcft are not naturally free^ this is the Foun¬ dation on which his ablolute Monarchy ftands, and from which it ereds it felf to an height that it’s Power is above every Power, Caput inter nubila , fo high above all earthly and human Things, that thought can fcarce reach it, that Promiles and Oaths which tye the infinite Deity, cannot confine it. But if this foundation fails, all his Fabric falls with it, and Go¬ vernments mult be left again to the old way of being made by contrivance and the content of Men *»w ?0 making ufe of their reafon to unite together into Society. To prove this grand Pofition of his, he tells us, p. 12. Men are born in fab- jdlion to their Parents , and therefore can¬ not be free. And this Authority of Pa¬ rents, he calls Royal sAuthority , p. 12, 14* Fatherly Authority , Right of Fatherhood, p. 12, 20. one would have thought he would in the beginning of fuch a Work as this, on which was to depend the Authority of Princes and the Obedience of Subjeds» have told us exprefly what that Fatherly Authority is, have defined it, though not ( 7 ) limited it, becaufe in Tome other Treaties of his, he tells us ’tis unlimited, and unli- mitable, he ftiould at Ieaft have given us ^ • * In Grants and Gifts that have their Origin gin at from God or Kd- ture , as the Power of the Father hath , no in - ferinr Power cf Man can limit nor make any La tty of prefeription a- gxinfl tiemfj. l *p 8. \Ti eScrip:ure teaches that Supreme Power was Originally m tic Father without any limitation, O. 145'. fuch an account of it, * that we might have had an entire Notion of this Fatherhood or Fa¬ therly Authority when e- ver it came in our way in his Writing, 5 This l “xpefted to have found in the firft Chapter o t his Patriarchs But 1 ' in- ftead thereof having, 1. zn Pajjant made his Obey- fa nee to the Arcana im - per//, p. 5. 2° made his Complement to the Rights and Liberties of this or any other Afa- tion , p. 6. which he is going prefently to null and deftroy 5 And 3 0 made his Leg to thole Learned Men who did not fee fo far into the Matter as himlelf, p. 7. he comes to fall on Bellarmine , p. 8. and by a Victo¬ ry over him, Eftablilhes his Fatherly Au¬ thority beyond any queftion, Bellarmine being routed by his own Confeffion, p. 11. the day is clear got, and there is no more need of any Forces: For having done that, I obferve not that he ftates the Qi^eftion or rallies up any Arguments to make good his Opinion, but rather tells B 4 us ( 8 ) us the Stoiy as he thinks fit of this finance kind of domineering Phantom, called the fatherhood , which whoever could catch prefently got Empire and unlimited ab- folute Power. He allures us how this Fa¬ therhood begin in Adam, continued it’s courfe, and kept the World in order all the time of the Patriarchs till the Flood, got out of the Arch with Noah and his Sons, made and fupported all the Kings of the Earth till the Captivity of the lf- raelites in Egypt, and then the poor Fa¬ therhood was under hatches till God by giving the IJraelites Kings , Re-ejlMified the Ancient and prime Right of the lineal Sue- cejjion in paternal Government. This is his feuiinefs fromp. 12 to 19. And then obvi¬ ating an Objettion, and clearing a Diffi¬ culty or two with one half reafon, p 22 to confirm the Natural Right of Regal Power, he ends the firft Chapter. I hope ’tis no Injury to call an half Quotation an half Reafon, for God lays, Honour thy Father ***** Mother , but our Author contents him- VVItl \half, leaves out thy Mother quite, as little ferviceable to his purpole, but of that more in an other place. V i. . 7 Ido not think our Author folittle.skill’d in the way of Writing Difcourfes of. this Nature, norlocarelels ol the Point in hand, fnat he by overfight commits the fault that ( 9 ) he hi IT! ft If in his Anarchy ofi a mix* d Monar¬ chy,p^ 239. Obje&s to VIr. Hunton in thele words. Where fir ft I charge the A that he hath not given ms any Definition ^or Difcripti- on of Monarchy in general, for by the Rules of Method , he fhould have firft defin'd. And by the like Rule of Method Sr. Rob. Ihould have told us, what his Fatherhood or Fatherly Authority is before he had told us, in whom it was to • be found and talked Co much of it. But perhaps Sr. Hob. found that this Fatherly Authority , this Power of Fathers and of Kings, for he makes them both the fame, p. 24. would make a very odd and frightful Figure, and very difagreeing, with what either Children imagin of their Parents, or Sub¬ jects of their Kings, if he fhould have given us the whole di aught together in that Gigantic Form, he had Painted it in his own Phancy,and therefore like a wary Phyfician, when he would have his Pati¬ ent fwallow fome harfh or Corrofive Li - quor, he mingles it with a large quantity of that, which may delute it 5 that the fcatter’d Parts may go down with left feeling and caufe left Averfion. 8. Let us then endeavour to find what account he gives us of this Fatherly Autho¬ rity, as it lies fcatter’d in the feveral Parts of his Writings. And firft as it was deveft (IO) veiled in Adam , he fays not only s 4 dam, hut the fucceeding Patriarchs, had by Right of Fatherhood , Royal Authority over their Children , p. 12. This Lordfbip which 4 dam by Command had over the whole /TorId, and by right defending from him , the Patri¬ archs did injoy i was as large and amble as the Abfolute Dominion of any Monarch r which hath been fince the Creation, p. 13. Dominion of Life and Death ; making War and concluding Peace, p. 13. Adam and the Patriarchs had Abfolute Power of Life and Deathy p. 35. Kings in the right of Parents, ficceed to the Exercife of f/pream jnrifdifti~ on. p. 19. Kingly Power is by the Law of God , fo it hath no inferior Law to Limit it, Adam was Lord of all, p. 40. The Father of a Family governs by no other Law, then by his own willy p. 78. The Superiority of Princes is above Laws , p. 7 9. The unli¬ mited jurifdiCtion of Kings, is fo amply de- feribed by Samuel, p. 80. Kings are above the Laws. p. 93. And to this purpofe fee a great deal more which our A-delivers in Bodins’s words. It is certain that all Laws, Priviledges and Grants of Princes have no Force , but during their Life j if they be not ratified by the exprefs Coxfent or by Juffe- ranee of the Prince following efpecially Fri- viledges. O. p. 279. The rtafon why Laws have been aljo made by Kings, was this j wh$n (» ) xhzn Kings were either buficd with IVirs , or 'hjiratfcd with Public Cares , fo that every private Man, could not have Jccfs to their Per font, to learn their fVills and Pleasure, 'hen were Laws cf necel/ity imtnted , that fo tvery particular Sbjeti, might find his Prin- ces Pleafure DecyphePd unto him in the Ta¬ bles of his Laws. p. 92. U a Monarchy , the King mujl by neccjjity be above the Laws, p. 100 . A perfect Kingdom is that , wherein the King Rules ' all things according to his own Will , p. IQO., Neither Common nor Statute Laws , are or can be any Diminu¬ tion of that General Power, which Kings have over their People by right of Fatherhood , p. 115. Adam was the Father, King and Lord over his Family , a Son , a Subject and a Ser¬ vant or Slave, were one and the fame thing at firfl. The Father had Power to difpofe or fellhis Children or Servants , whence we find that at thefirfl reckoning up of Goods in Scripture , the Man-fervant and the Maid-Jervant , are numbred among the Pojfejfions , and fubfiance of the Owner , as other Goods were. O pre£ God alfb hath given to the Father a Right or Liberty , to alien his Power over his Children j to any other whence we find the Sale and Gift of Children , to have been much in »fe, in in the Beginning of the World , when Men had their Servants for a Pojfeffion and an In* heritance. as w>ell as other Goods , whereupon • • / # * -* * f # # v* • ^ V • , • C 12 J ff fi n j the P °wr of Caflrating and makino hum chsumach in uje in Old times. O. p. 15 5. Law is nothing elfe hut the will of him that hath the Power of the Supream Father\ O. p. 223. It was Gods Ordinance , that ■ supremacy flmtld be unlimited in Adam, and as l fi e ^ all the Atts of his Will ,, and as in him , fi in all others that have Supream Power. O. p.245. 9.I have been fain to trouble my Reader with thefe feveral Quotations in our A-) own words that in them might be feen his own Difcripticn, of his Fatherly J U - thorny , as it lies fcatter’d up and down in ms Writings, which he fuppotes was ui it vefred in / 4 dam, and by Right, be¬ longs to all Princes ever fince. This Fa¬ therly Authority .then or Right of Father - hood, vn ouM-s fence is a Divine unalterl a ole Right of Sovereignty, whereby a Fa¬ ther or a Prince, hath an Ablblute Arbi¬ trary unlimited and unlimitable Power over the Lives, Libertys, and Eftatesofhis Children or Subjects, f 0 that he may take or alienate their Eftates, fell, caftrate, or * 15 ,. s! r ^ >er ^ >nsas he pleafes, they being all his Haves, and he Lord and Proprietor of every thing, and his unbounded Will their Law. ic. Qur A- having placed filch a eighty Power in Adam , and upon that fuppofition. . . . , r 15 ) uppofition, founded all Government, and ill Power of Princes, it is reafonable to exped, that he (honld have proved this with Arguments clear and evident, fuita- ble to the weightinels of the Caufc. That fince Men had nothing elle left them 5 they might in flavery had fuch undeniable Proofs of its neceffity, that their con¬ ferences might be convinced, and oblige them to fubmit peaceably to that Ablb- lute Dominion, which their Governors had a Right to Exercife over them, with¬ out this 5 what good could our A— do, or pretend to do, by erecting fuch an unlimi¬ ted Power, but flatter the Natural Vanity and Ambition of Men, too apt of its (elf to grow and increale, with the Poffeflion of any Power > And by perfwading thole, who by the content of their fellow Men ire advanced to great, but limited de¬ crees of it, that by that Part which is ' given them, they have a Right to all that was not fo, and therefore may do what they pleale, becaule they have Authority to do more then other?, and (b tempt them to do what is neither for their own, nor the good of thole under their Care, whereby great raifcheifs cannot but fol¬ low. 11. The Sovereignty of Adam , being that on which as a fure bafis,our A-builds v S 7 * ' ' ’ ■ his - ( 14 ) his Mighty Abfolute Monarchy,! expe&ed that in his Patriarch/* , this his main fuppo- fition would have been proved and efta- blifhed, with all that evidence of Argu¬ ments, that fuch a Fundamental Tenet required, and that this on which the great ftrefs of the bufinels depends, would have been made out with reafons fufficient to juftifie the confidence,' with which it. was affumed. But in all that Treatife, I could find very little tending that way 5 the thing is there fo taken for granted with¬ out Proof, that I could fcarce believe my felf, when upon attentive Reading that Treatife, 1 found there fo mighty a Stru¬ cture, rais’d upon the bare fuppofition of this Foundation j for it is fcarce credible, that in a Difcourfo where he pretends to confute, the Erroneous Principle of Mans Natural breedom, he does it by a bare fiip- pofition of Adams Authority , without of^ fering any Proof for that Authority. Indeed he confidently fays, that Adam had Royal Authority, p. 12, and 13. Abjolute Z.ordjhip and Dominion of life and death , p. 13 .An Univerjal Monarchy, p. 3 3. abfolute Power of life and death , p. 3 5. He is very frequent in luch Aflertions, but what is ftrange in all his whole Patriarcha , I find not one pretence of a reafou, to Eftablifb this his* great Foundation of Government } not any ( *5 ) ?-• • any thing that looks like an Argument, but thde words $ To confirm this Natural Right of Regal Porter, we find in the Deca¬ logue , that the Law which injoyns Obedience to Kings , is delivered in the terms. Honour thy Father , as if all Power were Original!) in the Father. And why may I rot add as well, that in the Decalogue, the Law that injoyns obedience to Queens, is de¬ livered in the Terms of Honour thy Mother , as if all Power were Originally in the Mother / The Argument as Sr. Rob. puts it, will hold as well for one as tother, but of this more in its due place. 12. All that I take notice of here, is that this is all our A— fays in this firft, or any of the following Chapters, to prove the Abjolute Power of Adam , which is his . great Principle, and yet as if he had there fettled it upon fure Demonftration, he begins his 2 d. Chapter with thefe words, by Confering thefe Proofs and Reafons , drawn from the Authority of the Scripture. W here thole Proofs and Reafons for Adams Sove¬ reignty, are, bateing that of Honour thy Father above mentioned, I confefs, fcan-. not find unlefs what he fays, p. 11. In thefe words we have an evident Confejfion , viz. of Belarmin , that Creation made Man Prince of his Pofierity, muft be taken for Proofs and Reafons drawn from Scripture, or for " A any c 16 > any fort of Proofs at a’l : though from thence by a new way of inference i i the words, immediately following, And in¬ deed 'he concludes') the Royal Authority of Adam, fufficiently fettled in him. „ 15. If he has in that Chapter, or any where in the whole Treatife, given any other Proofs of Adams Royal Authority , other then by often repeating it, which among Ibme Men goes for Argument, I defire any body for him to (hew me the Place and Page , that I may be convinced of my miftake, and acknowledge my overfight. If no fuch Arguments are to be found, I beleech thole Men, who have fo much cryed up this Book, to confider j whether they do not give the World caufe to fufpeft , that ’tis not the Force 1 ofReafon and Argument,that makes them | for Abfolute Monarchy, but fome other by intereft, and therefore are refolved to applaud any Author, that writes in Fa¬ vour of this Dodtrin, whether he fupport it with reafon or no. But I hope they do not expedt that rational and indifferent Men fhould be brought over to their Opi, nion, becaufe this their great Dr. of it, in a Dilcourfe made on purpofo, to let up the Abfolute Monarchical Povoer of Adam, in op¬ position to the Natural Freedom of Man¬ kind, has faid fo little to prove it, from ' whence a jj; ( I7> whence it is rather naturally to be con¬ ned that there is little to be faid. 14* But that I might omit no care to nform my lelf in our A-—s full Senfe, I •onfulted his Obfervations on Ariflotle, ^fbs, &c. To fee whether in difputing vith others he made ufe of any Argu* nents, for this his Darling Tenet of A- iams Sovereignty, fince in his Treatife of he Natural Power of Kings, he had been p fparing of them : And in his Obferva- ions on Mr. Hobs* s Leviathan 1 think he as put in (lort, all thofe Arguments for \ together, which in his Writings I find im any where to make ufe of, his Words re theie. If God Created only A dam,and of piece of him made the Woman, and if by ™ e ™ti6n from them two, as parts of them 1 Mankind be propagated: If alfo God Ve A° n °t on ly the Dominion over e W Oman and the Children that fhould Iffue om them , but alfo over the whole Earth fubc'ne it, and over all the Creatures on fo that as long as Adam lived, no Man dd claim or enjoy any thing but by Donati- , AJJignation or Permijjton from him, / •nder, &c. 0 . 165. Here we have the m of all his Arguments, for Adams So. v/gnty and againft Natural Freedom, t ucn 1 find up and down in his other eat lies, which are thefefollowing, Gods ,7 * C Creation (-18 J Creation of Adam , the Dominion he gave him oner Eve : And the Dominion he had as Father over hi? Children , all which 1 Ikall particularly confrder.i ' /r; 'dk.® l % K Si i W i CHAR III. 9 * * < * Of Adams Title to Sovereignty by Crea - iron. 'A v \ i 4 • . JOB Rob. in his Preface to his Obfer v ) vations on y^rijlotle's Politics te Is us A Natural Freedom of Mankind cannot b\ fuppofed without the denial of the Creation o Adam , but how Adams being Created which was nothing but his receiving a Be sng immediately from Omnipotency, anc the hand of God, gave Adam a Sovereignty over any thing, 1 cannot fee, nor conle quently under ftand how a Suppofition c ■natural Freedom is a denial of Adams Crea tion, and would be glad any body elfe(finc< our A — did not vouchfafe us the fa vour) would make it out for him : fori find no difficulty to fuppofe the Freedom of Mankind, though I have always be lieved the Creation of Adam 3 He wa Created or began to e$ift by Cods imrne C 19) diate Power’ without the Tntervention of Parents or the pre exigence of any of the fame Species to beget him, when it pleafed God hefhould, and fo did the Lyon, the King of Beafts before him, by the fame Creating Power of God, and if bare ex¬ igence by that Power,and in that way, will $ive Dominion without any more adoe, )ur A— by this Argument will make the Jon have as good a Title to it as he, and erfainly the Aneienter. No ! for Adam sad his Title by the appointment of God-, ays our A- in another place. Then bare 'nation gave him not Dominion, and one light have fttppofed Mankind Free with* ut denying the Creation of Adam, fince :vvas Gods Appointment made him Mo- arch. 16. But let us fee how he puts his Crea- on and this Appointment together. By )e appointment of God , fays Sir Rbt as food r Adam was Created he was Monarch of ie fVorld, though he had no Subjects , for iough there could not be act cal Government U there were Subjects, yet by the Right of lature it was due to Adam to be Governour his Poferity, though not in atf, yet at aft in habit, Adam was a King from his ration, I wi(h he had told us here what - tueant by Gods appointment. For what- evey Providence orders, or the Law of if r C 2 Nature -*4 _ ( 2 ° ) Nature dire&s, or pofitive Revelation de¬ clares, may be faid to be by Gods appoint- went, but I fuppole it cannot be meant here in the firft Senfe, i. e. by providence * becaule that would be to fay no more, but that as foon as Adam was Created he was de faclo Monarch, becaufe by Right of filature it was due to Adam, to be Governonr of his Polferity. But he could not de facto be by providence Conftituted the Gover¬ nor of the World at a time, when there was actually no GovernmentjnoSubjeftsto be governed,which our A— here confeffes. Monarch of the World is alfb differently tiled by our Author, for fometimes hel means by it a, Proprietor of all the World exclufive of the reft of Mankind, and thus he does in the fame page of his Pre¬ face before cited, Adam fays he being Com' tnanded to Multiply and People the Earth and to Jubdue it , and having Dominion gi¬ ven him over all Creatures , was thereby tht, Monarch of the whole World , none of his Po¬ sterity had any Right to poffefs any thing but by his Grant or Permiffion or by Succefjion from him , 2° Let us underftand then by Monarch Proprietor of the World , and by appointment Gods adtual Donation, and revealed pofitive Grant made to Adam , i Gen. 28. as we lee Sir Robt. himlelf does in this parallel place, and then his Argu¬ ment oo ment will (land thus, by the poftive Grant of God 5 As foon as Adam was Created , he was Proprietor of the World , becaufe by the Right oj Nature it was due to Ad an? to be Govern our of his Polierity , in which way arguing there are two manifeft Falfe- loods. Firjl , it is falfe that God made hat Grant to Adam , as foon as he was treated, (ince though it (lands in the Text mmediately after his Creation, yet it is >lain it could hot be (poken to Adam till ifter Eve was made and brought to him, nd how then could he be Monarch by ap - ointment as foon as Created , efpecially ince he calls, if I miftake not, that which iod fays to Eve, 3 Gen. 1 6. The original irant of Government , which not being ill after the fall, when Adam was fome- fhat, at lead in time and very much, di- rant in condition, from his Creation, I can- ot fee,how our A can (ay in this Senfe,that p Gods appointment as foon as Adam was seated he was Monarch of the World . tcondly, were it true that Gods aftual donation appointed Adam Monarch of the or Id as foon as he was Created , yet the eafon here given for it would not prove * but it would always be a falle Inference iat God by a pofitive Donation appoint - • Adam Monarch of the World, becaufe Right of Nature it was due to Adam to ' ' C j h C 22 .) be Govern our of his Pojlerity 5 for having given him the Right of Government b; Nature, there was no need of a pcfttiw Ponation, at ieaft it will never be a proo of fuch a Donation. 17. On the other fide the Matter wi! not be much mended, if we underline ly Gods appointment the Law < * Natur< (though it be a pretty harlh FxprefTioi for it, in this place) and by Monarch c the World , Sovereign Ruler of Mankind for then the Sentence under conlideratioi muft run thus. By the Law of Nature , a foon as Adam was Created he was Governou of Mankind , for by Right of Nature it wa due to Adam to be Governour of his Pofteri ty , which amounts to this, he was Go ver'nour by Right of Nature , becaufe h was Governour by Right of Nature j Bu fuppofing we fnould grant that a Man i by Nature Governour of his Children, A dam could not hereby be Monarch as fio ; as Created , for this Right of Nature bein$ founded in his being their Father, hov Adam could haye a Natural Right to fo Governour before he was a Father, b' « x _ * i which only he had that Right ,is, methink‘ hard to conceive unlefs he will have hin to be a Father before he was a Father and to have a Title before he had it. ** * 4 v *• -jf- -v -i <1 j \ ~ ^ * * ■* • > %. d x .5 ■!:. V* “ * * •' ( * a 1 . • r ■ ■' • J 41'* ? 8 . 1 ; H v ( 25 ) i8. To this forefeen Objectionour A- anfwers very logically, he was Governour in Habit and notin A 3 : A very, pretty way of being a Governour without Govern me nt, a Father without Children, and a king without Subjefts. And thus Sir Robt. was an Author before he writ his Book, not in slot Ms true, but in Habit , for when lie had once Publiffc’d, it was due to him by the Right oj Nature , to be an Author as much as it was to Adam to be Governor of his Children when he h?td btgot them 5 And if to be fuch a Alonarch of the Worlds an abfolute Monarch in Habit but notin A 13 will ferve the turn: I fhould not much envy it to any of Sir Robts. Friends that he thought fit gracioufly to beftow it up¬ on, though even this of A 3 and Habit , if it fignified any thing but our/!-’/ skill in de- ftin&ions, be not to his purpofe in this place} for the queftion is not here about Adams aftual Exercife of Government, but actually having a Title to be Gover¬ nour, Government fays our A- was due to Adam by the Right of Nature, what is this Right of Nature, a Right Fathers have over their Children by begetting them, Generatione jus acquiritur parentibus in li - her os fays our A- out of Grotiusfd.12 5. The right then follows the begetting as arifing from it, fo that according to this way of C 4 reafoning ( 24) •• r reafoning or diftinguifhing of our A-,Adam as foon as he was Created,had aTitle only in Habit and not in which in plain Eng- lilh is he had a&ually no Title at all. 19. To (peak left Learnedly and more Intelligibly, one may fay of Adam he was in a poflibihty of being Governour , fince it was poffible he might beget Children and thereby acquire that Right of Na¬ ture, be it what it will to govern them that accrues from thence, but what Con¬ nexion this has With Adams Creation to make him fay, that as foon as he was Crea¬ ted he was Monarch of the World 5 for it may be as well faid of Noah , that as foon as he was born he was Monarch of the World, fince he was in poffibility 5 which ?n our A-s Senfe is enough to make a Mo¬ narch, a Monarch in Habit , to out live all Mankind but his own Pofterity, I fay what luch neceflary Connexion there is be¬ twixt Adams Creation and his Right to Go¬ vernment 5 fo that a Natural Freedom of Mankind cannot be fnppos*d without the de¬ nial oj the Creation of Adam, I confeft for my part I do not fee.Nor how thofe words by the appointment , &c. O. 254* however explain d,can be put together to make any tollerable Senfe at leaft to Eftablifh this Fofition, with which they end, viz. Adam was a King from his Creation , a King fays j - A ( *5 } our A— not in /i& but in Habit j. e. actually no King at all. ■ i 20. I fear I have tired my Readers Pa* tience by dwelling longer on this paflage then the weightinefs of any Argument in it, feems to require: but I have una¬ voidably been ingag’d in it by our ji-s way of Writing, who hudling feveral Suppofi- tions together, and that in doubtful and general terms makes fuch a medly and confuflon, that it is iropoffible to fhew his Miftakes without examining the fcve- ral Senfes, wherein his Words may be taken, and without feeing how in any of thefe various Meanings, they will con¬ fix together , and have any Truth in them^ for in this prefent paflage before us, how can any one argue againfl: this Pofi- tion of his, that jtfdant was a King front his Creation , unlefsone examin whether the Words front his Creation^ be to be taken as they may for the time of the Commence¬ ment of his Government as the foregoing Words import, as foon as he was Created he teas Monarch , or for the caufe of it, as he fays, p. 11. Creation made Man Prince of his Pojierity. How farther can one judge of the truth ofhis being thus King,till one has examined whether King be to be taken, as the words in the beginning of this paflage would perfwade,on fuppofition ofhis P«- - ■ - vate * (20 iMte Dominion , which was by Gods pofitiv< Gra nt, Monarch o r the World by Appointment or Kingon Supposition of his Fatherly Porvei over his Off fpring which was b.y Nature due by the Right of Nat re, whether I fay King be to be taken in both, or one only ol thele two Senfes or in neither of them, but only this, that Creation made him Prince in a way different from both the others for though this aflertion,that Adam rvas King from his Creation be true, in no Senle yet it hands here as an evident conclufion drawn from the preceding words, though in truth it be but a bare affertion joyn’d to ether affertions of the fame kind, which confidently put toge¬ ther in words of undetermined and du¬ bious meaning, look like a fort of arguing, when there is indeed neither Proof nor Connexion : A way very familiar with our ^-ofwhich ha ving given theReader a tafte, here, I (hall as much as the Argument will permit me, avoid touching on hereafter, and fhould not have done it here, were it not to let the World fee how Incohe« rences in Matter and Suppofitions, with- out Proofs put handfbmly together in good Words and a plaufible Stile, are apt to pafs for ftrong Reafbn and good Senfe, till they come to be look’d into with At¬ tention. CHAP. C 27 ) 1 « CHAP. IV. % \ Of Adams Title to Sovereignty by Donation 1 Gen. 28. ? T - Li'Aving atlaft got through the 1 JL foregoing Paflage, where we have been fo long detain’d, not by the Force of Arguments and Oppofition, but the intricacy of the words, and the • doubtfulnefs of the meaning 5 let us go on to his next Argument, for Adams So¬ vereignty our A- tells us in the words of hit. Seiden , that Adam by (donation from God, 1 Gen. ;8, was made the General Lord of all tilings, not wit boat fuck a private Dominion to himfelfi as -without his Grant did exclude bis Children. This Determina- tion of Mr.Selden,fat s our A-, is Conjoint to the Hijiory of the Bible, and natural rea - (on. O. 210. And in his Pref. to hi Ob. on Jrijl.\ he fays thus} Thefirfl Government in the If or Id was Monarchical in the Fa- therofallflefh, Adam being Commanded to Multiply and People the Earth, and to Sub - due it, and having Dominion given him 0 - nto * JJ A. - 1 . f 1 »° - _ Grant (*3J Grant or Permijfron, or by Succejfron from him , the Earth , faith the Pfalmijl , hath he given to the Children of Men , which frew the Title comes from Fatherhood. 22. Before I examin this Argument, and the Text on which it is founded, it is neceflary to defire the Reader to ob- ferve, that our A- according to his ufua! Method,begins in one Senfe,and concludes in another, he begins here with Adams H Propriety,or Private Dominion , by Donati - on, and his conclufion is, which Jhew the Title comes from Fatherhood . 23. But let us fee the Argument, the words of the Text are thefe 5 And God Blejfed them , and God faid unto them , be Fruitful and Multiply and Replenijh the Earth end Subdue it> and have Dominion over the Fiji] of the Sea , and over the Fowl of the Air, and over every Living thing that moveth upon the Earth , 1 Gen. 28. from whence our A-concludes,*^# Adam having here Dominion given him overall Creatures , was thereby the Monarch of the whole World j whereby muft be meant, that either this Grant of God, gave Adam Property, or as our A' calls it, Private Dominion over the Earth, and all inferior or irrational Crea¬ tures, and fo confequently, that he was thereby Monarch , or 2° that it gave him Rule and Dominion over all Earthly Creatures J C *9 ) Creatures whatfoever, and thereby over his Children, and lb he was Monarch $ for as Mr. Selden has properly worded k, Adam was made General Lord of all things , one may very clearly underftand him,that he means nothing to be granted to A- dam , here but Property, and therefore he fays not one wotcI. of Adams Monarchy . But our A- fays, Adam was hereby Monarch of the World , which properly fpeaking, ugnifies Sovereign Ruler of all the Men in the World, and fo Adam by this Grant, muft be conftituted filch a Ruler.lfour A- means otherwife, he might with much clearnefs, have faid, that Adam was here¬ by Proprietor of the whole World. But he begs your Pardon in that Point, clear, deftinft Speaking,not ferving every where to his purpofe, you muft not expett it in him, as in Mr. Selden , or other (uch Writers. 24. In oppofition therefore to our A—s Dofrrin, that Adam was Monarch of the whole World , founded on this Place, 1 (hall (hew. ; i°. That by this Grant, iGen. 28. God gave no immediate Power to Adam over men, over his Children, over thole of his own Species, and fo he was not made Ruler, or Monarch by this Char¬ ter. 25. That , ( 3 ° ) a’. That by this Grant, God gave h ini not Private Dominion, over the inferior Creatures, but rio;bt in common with all Mankind, fb neither was he Monarch, upon the account of the Property here given J o III-l u 25. i. That this Donation, 1 Gen. 28. gave Power over Men, will ap¬ pear if we confider the words of it. For fince all Positive Grants, convey no more then the Exprefs words, they are made in, will carry, let us fee which of them here will comprehend Mankind,or Mams Pofterity,and thofe I imagin, if any, muff be thefe, every living thing that moveth , the Words in the Hebrew are , niSD-in run i. e, Befliam Reptantem , of which words, the Scripture it felf, is the beft Interpreter, Goa having Created the Fifhes and Fowls the 5 th day, the beginning of the 6 th , he creates the Irrational Inhabitants of the dry Land, which Per. 24 th are defcri- bed in thefe words, let the Earth bring forth the living Creature after his kind 5 Cat* tel and Creeping things , and Beafls of the Earth , after has kind , and ver. 2. and God made the Beafls of the Earth after his kind , and Cattel after their kind •, and every thing thatCreepeth on the Earth, after his kinds, Here in the Creation of the Brute Inhabi¬ tants of the Earth, he firft (peaks of them (50 all under one general Name, of Living Creatures , and then afterwards, divides them into three Ranks, i°. Cattel, orfuch Creatures as were or might be tame, and lb be the Private Pofleflion of Particular Men 2°. non which ver. 24 and 2 5 in onr Bible, is Tranllated Beafls , and by the Septuagint , Wild Beafls , and is the lame word, that here in our Text, ver. 28. where we have this Great Charter to sfdam, is Tranflated Living thing, and is alfo the fame Word ufed, Gen. 9. 2. where this Grant is renew’d to Noah, and there likewife Tranflated Beaji, 3 0 . The third Rank were the Creeping Animals, which ver. 24 and 2 5 are compriled under the word, mrann, the lame that is ufed here ver. 28* and is Tranflated, moving but in the former Verles Creeping , and by the Septuagint in all thele places, I?*-***', or Reptils 5 from whence it appears that the words, which W’e Tranflate here in Gods Donation, ver. 2 8. Living Creatures moving , are the fame which in the Hiftory of the Creation, ver. 24, 25. fignifietwo Ranks of Terreftrial Creatures, viz. Wild Beafls and Reptils , and are fo underftood by the Septuagint. 26. When God had made the Irrati¬ onal Animals of the World, divided into three kinds, from the places of their Ha- • bitation^ ... • ( 90 ■ \ Jj bitation, viz* Fifties of the Sea , Fowls of the stir , and Living Creatures of the Earth, and thele again into Cat tel, Wild Beafis and Reptils, he confiders of making Man, and the Dominion he Ihould have over the Terreftrial World, ver. 2 6 . and then he reckons up the Inhabitants of thefe three Kingdoms 5 but in the Terreftrial, leaves out the fecond Rank rrn, or Wild Beafts, but here ver. 28. where he actu¬ ally executes this defign, and gives him this Dominion the Text mentions ; the Fifties of the Sea and Fowls of the Air , and the Terreflial Creatures in the words that fignifie the Wild Beafis and Reptils, though TranOated Living thing , that moveth , leaving out Cattel. In both which places though the word that fignifies VFild Beafis . be omitted in one, and that which figni¬ fies Cattel in the other, yet fince God cer¬ tainly executed in one place what he de¬ clares he defigned in the other, we can¬ not but underftand the lame in both places,and have here only an account,how the Terreftrial irrational Animals, which were already created and reckon’d up at their Creation, in three diftinft Ranks of Cattel, Wild Beafis and Reptils were here, ver. 28. a&ually put under the Domini¬ on ofMan, as they were defigned O. 2 6; nor do thefe words contain in them, the kaft *. '. ( 33 ) leaft appearance of any thing that can be wrefted, to fignifie God’s giving one Mari Dominion over another, Adam over his Pofterity. . 27. And this further appears from Gen. 9. 2. where God renewing this Charter to Noah and his Sons, he gives them Do¬ minion over the Fowls of the sfir, and the Ftjhes oj the Sea , and the Jerreflrial Crea¬ tures, exprelled by JVn and Wild Beafts and Reptils, the lame w ords that intheText Before us 1 Gen. 28. are Tran- Qated (very moving thing , that moveth on the Earth , which by no means can compre- lend Man,the Grant being made to Noah tnd his Sons, all the Men then living, and tot to one part of Men over another, which s yet more evident from the very next vords ver. 3. where God gives every very moving thing , the very words uled M. 1. 28. to them for Food. By all vhichit is plain, that Gods Donation to 4 dam y Cha. 1. 28. and his defignation, t,i 6 . and his Grant again to Noah and lis Sons, refer to, and contain in them, leither more nor Ids, then the works of he Creation the 5 th day, and the Begin- ling of the 6 th , as they are let down rom 20 th, to 2 6 th, ver. inclufively of he iji. Ch. and fo comprehend all the pecies of irrational Animals of the Tera- U queous - ( 34 ) queeni Globe , though all the woTds where¬ by they are expfeffed imthe Hiftory of their Creation, are no where ufed many of the following Grants, but (brae of them omitted in one , and (ome in ano¬ ther, from whence I think it is pad all doubt, that Man cannot be comprehended in this Grant, nor any Dominion over thofe of his own Species be convey’d to Mam. All the Terreftrial irrational Crea¬ tures are enumerated at their Creation, ver. 2$. under the Names, Beajls of the Earth , Cattel and Creeping things , but Man being not then Created, was not con¬ tain’d under any of thole Names, aneffl therefore whether we underhand the Hebrew words right or no, they cannot be fuppofed to comprehend Man in the very (ame Hiftory, and the very next Verfes following, efpecially fince that Hebrew word, which if any in this Donation to Adam , Cha. 1. 28. muft comprehend Man, is (o plainly ufed in contradiftindtion to him, as Gen. 6. 20. y. -14. 21. 23. Gen. 8. 17, 19. And if God made all ManKind (laves to Adam and his Heirs, by giving Adam Dominion over every Living thing , that moveth on the EarthyChap. i.28.as our A- would have it, me thinks Sr. Rob. (hould have carried his Monarchical Power one hep higher, and fatisfied t ’ c 35 y 'atisfied the World, that Princes might live eat their Subjefts too,fince God gave is full Power to Noah and his Heirs, Cha. ?. 2. to eat every Laving thing that moveth, is he did to Adam, to have Dominion >ver them, the Hebrew words in both >lace being the fame. 28. David, who'might be fuppofed to inderftand the Donation of God in this ext, arid the right of Kings too, as well sour A- in his Comment on this place, as le Learned and Judicious sfinfworth calls jb in the 8 th Pjalm, finds here no fuch charter of Monarchical Power, his words re, Thou hafl wade hint, i. e. Man the Son f Man , a little lower then the AngeU, thou 'adejl hint to have Dominion over the works ( thy hands, thou hafl put all 1 hmgs under his ett , all Sheep and Oxen and the Bead s of the 'ield,and the. Fowl of the Air, and Fifh oj'thc 'a, and whatjoever paffeth through the Paths the Sea. In which words, if any one can td out that there is meant any Monar- licai Povver of one Man over another, tt only the Dominion of the whole ecies of Mankind, over the inferior ’ecies of Creatures, he may for ought f low, deferve to be one of Sr. Rob. Afo- rchsin habit for the rarenefs of thedifco- ry. And by this time,I hope it is evident, it he that ga v^Dontmion over every Living / v . . D 2 thing (30 thing., that rnoveth on the Earth, gave Adam no Monarchical Power over thofe of his own Species, which will yet appear more fully in the next thing l am to fhew. 29. 2°. Whatever God gave by the words of this Grant, 1 Gen. 7 8. It wa: not to Adam in particular, exciufive of al. other Men, whatever Dominion he hac thereby, it was not a Private Dominion but a Dominion in common, with the ref of Mankind. That this Donation wa not made in particular to Adam , appear evidently from the words of the Text, i being made to more then one, for it wa fpoken in the Plural Number, God bid fed them, and faid unto them , have Do minion, God lavs unto Adam and Ev> have Dominion,*/*™^ fays our A-Adam m Monarch of the World , but the Grant be ing to them, /. e. fpoke to Eve alfo, a many interpreters think with reafon, tha thele words were not fpoken till Ada) had his Wife, rauft not fhe thereby b Lady, as well as he Lord of the World If it be faid that Eve was fubje&ed to t dam , it feeras fhe was not fo to him, as t hinder her Dominion over the Creature or Property in them, for (hall we fay tht God ever made a joynt Grant to and one only was to have the benehtf it. _ 30. Bi ' ( 37 ;) 30.But perhaps’twill be faid Eve was not nade till afterward 5 grant it fo, what ad. vantage will our / 4 - get by it,the Text will >e only the more direftly againft him, and hew that God in this Donation, gave the Vorld to Mankind in common, and not o Adam in particular. The word Them n the Text muft include the Species of 4an, for ’tis certain Them can by no leans fignify Adam alone.In the 2 6th Verfe vhere God declares his intention to give his Dominion, it is plain he meant, that e would make a Species of Creatures, hat Ihould have Dominion over the other pecies of this Terreftrial Globe, the /ords are, and God Jaid let us make Man t our Image after our Likenefs , and let them ave Dominion over the Fijh , Sec. They then rere to have Dominion. Who } even io(e who were to have the Image of God, he Individuals of that Species of Man that e was going to make,for that Them(hou\d gnifie /4dam fingly, exclufive of the reft, hat Ihould be in the World with him, is gainft both Scripture and all tleafon : md it cannot poflibly be made Senle, if Aan in the former part of the Verfe do ot fignifie the fame with Them in the itter,only Man there, as is ufaal, is taken ir the Species , and them thi individuals f thatSpceies, and we hare a Heafoit in I .-Of D d the ( 33 ) the very Text 5 for God makes him in his own Image after his own Likenefs , makes him an inrelle&ual Creature and fo capable of Dominion } for wherein foever elfe the I- mage of God confifted, the Intellectual Nature was certainly a part of it, and belong’d to the whole Species,and enabled them to have Dominion over the Inferior Creatures, and therefore David fays in the 8 th Pfalm above cited, thou haft made him little lower then the Angels, thou halt made him to have Dominion , Vis not of Adam King David fpeaks here, for Verfi 4. ’tis plain, ’tis of Man and the Son of Man , of the Species of Mankind. 31* And that this Grant fpoken to At dam was made to him, and the whole-Spe- cies of Man,is clear from our As own Proofl out of the Pfalmijl. The Earth , faith the Pfalmift, hath he given to the Children of Men , which /hews the Title comes from Fa - thernood , thefe are Sir Robts. words in the Preface before cited, and a ftrange Infe¬ rence it is he makes, God hath given the Earth to the Children of Men 7 ergo the Title comes from Fatherhood. ’Tis pi tty the Pro¬ priety of the Hebrew Tongue had not uled Fathers of Men inftead of Children of Men , to exprefs Mankind, then indeed our might have had the Countenance of the Soigad of the V/ordSjto have placedthe Title fj C 39) • in the Fatherhood 3 but to conclude that the Fatherhood had the Right to the Earth, becaule God gave it to the Children of Men is a way of arguing peculiar to our A — and a Man muft have a great mind to go contrary to the Sound as well as Sente ol the Words, before he could light onit$ But the Sente is yet harder and more re¬ mote from cur A-s purpote: for as it hands in his Preface, it is to prove Adams being Monarch, and his reasoning i> thus, God gave the Earth to the Children of Men , ergo Adam was Monarch of the World , I defie any Man to make a more pleafant Con¬ clusion then this, which cannot be excuted from the mod obvious Abfurdity, till it can be Ihewn that by Children of Men , he who had no Father Adam alone is fignified, but whatever our A— does the Scripture fpeaks not Nontente. 32. To maintain this Property and Pri¬ vate Dominion of Adam,our d— labours in the following page to defiroy the Com¬ munity granted to Noah and his Sons in that parallel place, 9 Gen. 1,2,3. and he endeavours to do it two ways. ' * i o . Sir Robt. would perfvvadeusagamft the exprefs words of the Scripture, that what was here granted to Noah was not granted to his Sons in Common with him 3 His words are. As for the general Comma- & ' P 4 nit / ' f4°y nity between Noah and his Sant,which Afc.Set- den mill have to be granted r<> them , 9 Gen. 2. the Text doth not warrant it, what warrant our A- would have when the plain exprefs words of Scripture, not capable of another meaning, will not lathfie him,who pretends to build wholly on Scripture is not eafy to i- magine.The Text lays ,God Bleffed Noah and his $ons,&Jaid unto themy e.as our d-would have it unto him, for faith he, although the Sons are there mentioned with Noah in the Blejjing , yet it may be[l be underflood, with a Subordination or Benediction in Succefjion , O.21 i.That indeed is befl, for our A- to be underftood, which.beft ferves to his pur* pole, but that truly may bcfl be underflood by any body elle, which beft agrees with the plain conftru&ion of the words,- nndu ariles from the obvious meaning of the place, and then with Subordination and in Succejfion, will not be befl underflood, in a Grant of God, where he himlelf put them not, nor mentions any fuch Limitation. But yet, our A— has reafons, why it may befi be underflood fo. The Blejjing , fays he, in the following words,might truly be fulfilled, if the Sons either under or after their Father , enjoy'd a Private Dominion , 0. 211. which is to lay,that a Grant whole exprels words give a joynt Title in prelent} for the Text fays into your hands they are delivered, ft ' • k* * , m 1 ('.40 nay befl be under flood with a Subordination or n Succejfion, becaufe ’tis poffiblp, that in Subordination , or Succejfion it may be en¬ joy’d, which is all one as to fay, that a Grant of anything in prefent rofleffion, may befl be underflood of reverfion j becaule ’tis poffible one may live to enjoy it in re¬ verfion. If the Grant be indeed to a Fa¬ ther and his Sons, who is fo kind as to let his Children enjoy it prefently in com¬ mon with him, one may truly fay as to the event, one will be as good as the other 5 but it can never be true, that what the exprefs Words grants in pofTeffion and in common, may befl be under flood , to be in reverfion. The fumm of all his reafoning amounts to this. God did not give to the Sons of Noah, the World in common with their Father, becaufe ’tvvas poffible they might enjoy it under, or after him,a very good fort of Argument, againft an exprefi Text of Scripture But God muff not be believed, though he fpeaks it himfelf, when he fays he does any thing, which will not confift with Sr. Robfs. Hypothe¬ cs. 3 3.For ’tis plain, however he would ex¬ clude them, That part of this Benediction , as he would have it in Succeffionywufo needs be meant to the Sons, and not to Noah himfelf at all, Be Fruitful and Multiply and Replenifh / ( 42 J Replenifh the Earth , fays God, in this Blefi fing, this part of the Benedi&ion as ap¬ pears by the fequel concerned not Noah himfelf at all y for we read not of any Children he had after the Flood, and in the following Chapter, where his Pofteri- ty is reckon’d up, there is no mention of any, and fo this Benediction in Succejjion, was not to take place, till 350 Years after, and to fave our A~-s imaginary Monarchy , the Peopleingof the World,muft bedefer’d 350 Years 5 for this part of the Benediction cannot be underftood with Subordination, unlefs our A - will fay, that they rauft asl$ leave of their Father Noah, to lye with their Wives.But in this one point our A- is con- ftant to himfelf in all his Dilcourfes, he takes only care there fhould be Monarchs in the World, but very little that there fhould be People, and indeed his way of Government is not the way to People the World 5 For how much Abfolute Monarchy helps to fulfil this great and primary Bleffing of God Almighty , be Fruitful and Multiply and Replenijh the Earth, which contains in it the improve¬ ment too of Arts and Sienccs, and the conveniences of Life, may be feen in thofe large and rich Countries, which are hap¬ py under the TurkifJj Government, where are not now to be found ?, nay in many, \ . t v * ( 43 ) f not tnoft parts of them | 3 , perhaps I night (ay not of the People, that were ormerly, as will eafily appear to any one, ■vho will compare the Accounts we have )f it at this time, with Ancient Hiftory, 3Ur this by the by. 34. The other Parts of this Benediction )r Grant, are fo expreffed that they muft aecds be underftjod, to belong to Noahs lions, not with a Subordination or in Succef- r ton , but as far forth and equally as to Noah himftlf. The fear of you, and the dread of you, lays Gcd, fhall be upon every Bcafi, &c. Will any Body, but our A- (ay’ that the Creatures feared and hood in awe of Noah only, and not of his Sons without hisleave, or till after his death 5 And the following words into your hands they are delivered , are they to be underftood as our A - (ays,if your Father pleafe, or they (hall be deliver’d into your hands hereafter, (fthis be to argue from Scripture, I know not what may not be proved by it, and I can (carce fee how much this differs from that hid ion and Phanfy, or how much a hirer Foundation it will prove then the Opinions of Philojbphers and Poets, which cor A— fo much condemns in his Preface. 3 5 - But C 44 ) 35. But our A- goes on to prove that if may. be ft be under flood with a Subordination or a Benediction in Succejjion , for. favs lie, it is not probable that the private Dominion which God gave to Adam, and by his Do- '■ nation , A [fig nation or Cejjlon to his Children , was Abrogated , and a Community of all things inftituted between Noah and his Sons. -• Noah was left the foie Heir of the fVirld^ why fho’dd it be thought that God would dif- inherit him of his Birth right, and make him of all Men in the World the only Tenant in Common with’his Children, O. 2. II. 36. The Prejudices of our own ill grounded Opinions, however by us cal¬ led Probable, cannot Authorize us to under- ftand Scripture contrary to the direct and plain meaning of the Words $ I grant, ’tis not probable that Adams private Domini¬ on was here Abrogated-, becaufe it is more then improbable, for it will ever be proved that ever Adam had any fuch Pri- vate Dominion : and fince parallel places of Scripture are mod probable to make us know, how they maybe befl under flood, there needs but the comparing this Blefling here to Noah and his Sons after the Floud, with that to Adam after the Creation, 1 Gen. 28 . to aflure any one that God gave Adam no fuch Private Dominion. ’Tis Probable, I confefs, that Noah (hould have •« . C 45 ) :he fame Title, the fame Property and Dominion after the Floud, that Adam had before it. But fince Private Dominion cannot confift with the Bleffing and Grant God gave to him and his Sons in Common, ’tis a fufficient Reafon to conclude that Adam had none, efpecially fince in the Donation made to him, there is no words that exprefs it, or do in the haft favour iti And then let my Reader Judge whether it may beji be underfiood , when in the. one place there is not one word for it, not to fay, what has been above proved, that that Text it feIf proves the contrary, and in the other, the Words and Senfe are direftly againft it. 97 .But our A fays ^Noah was the foie Heir of the World,why fhould it be thought that God would dijinherit him of his Birtb-right-Heir , indeed in England fignifies the Eldeft Son, who is by the Law of England to have all his Fathers Land, but where God ever appointed anyfuch Heir of the Worlds our A — would have done well to have fhewed us, and how God difinherited him of his Birth right , or what harm was done him if God gave his Sons a Right to make ufe of a part of the Earth for the fupport of themfelves and Families, when the whole was not only more then Noah him- fclf, but infinitely more then they all could C 40 . could make ufe of, and the PofTeflions of one could not at all Prejudice,or as to any ufe (heighten that of the other. ** g 8. Our A - probably forefeeing he might not be very fuccefsful in perfwading People out of their Senfes, and fay what he could, Men would be apt to believe the plaint words of Scripture,and think as; they fa w, that the Grant was fpoken to Noah and his Sons joyntly.He comes, 2o to infinuate as if this grant to Noth, conveyed no Property,, no Dominion 5 becaufe Subduing, the Earth and Domthion over the Creatures are therein omitted,nor the Earth once named. And there¬ fore, fays he, there is a conftderable difference between the/e two Texts, the firjl bleffmg gai e Adam a Dominion over the Earth and all Crea- tores, the latter allows Noah Liberty to ufe the Living Creatures for Food , here is no altera¬ tion or diminifying of his Title, to a Proper• ty of all things, but an Enlargment only of his Commons f) 2 f 1. fb that in our As Senfe, all that was faid here to Noah and his Sons, gave them no Dominion, no Property, but only Enlarged th e Commons- their Com¬ mons , I fhould fay fince, God fays, to yon are they given, though our A- fay* his for as for Noahs Sons,they it feems by Sr. Robps. appointment during their Fathers Life ]! time, were to keep Falling days. } ,39.Any one but our ^-would be migh- ' | tily fufpe£fod,to be blinded with Prejud ice, • that I f 47 ) hat in al! this Blefling. to Noah and his ons, could fee nothing but only an En- irgment of Commons.For as to Dominion /hich our A »thinks omitted, the fear of you nd the dread of you, fays God, fta.ll be upon very Beafl, which I fuppofe, exprefles the dominion, or Superiority was defigned -lan over the living Creatures, as fully as iay be, for in that fear and dread, feems heifly to confift what was given to Adam , ver the inferior Animals, who as Abfo- ate a Monarch as he was, could not make •old with a Lark or a Rabbit to fathfie is hunger, and had the Herbs but in ommon with the Beafts, as is plain from . Gen. 2.9. and go. In the next place, ’tis nanifeft that in this Blelling to Noah and is Sons, Property is not only given in lear words, but in a larger extent then it /as to sfdam.Intoyour hands they are given, tys God, to Noah and his Sorts, which /ords if they give not Property, nay Pro- erty in Poffetiion, 'twill be hard to find fords that can, fince there is not a way to: xprefs a Mans being pofTeffed of any (ling more Natural,nor more certain then o fay, it is delivered into his hands. And erfe g d to fhew that they had then given aem theutmoft Property Man is capable f, which is to have a right to deftroy ny thing by ufing it, every moving thing '< ■ . , , that C 4S ) that Livelh, faith God, fhall be Meat fit /0«,which was not allowed to Adam in hi; Charter, f his our A- calls a Liberty ofufing themjor Food, and only an Enlarpment o Commons, but no alteration of Property, O 211. What other Property Man can have in the Creatures, but the Liberty of ufing them , is hard to be underflood. So that if the firft Biefftng as our 4 -fays, gave Adam Dominion over the Creatures , and theBief ling to jyoah and his Sons gave them fitch a Liberty to ufe them , as Adam had not j ill muff needs give them fomething that Adam withal! his Sovereignty, wanted fome- thing that one would be apt to take for a greater Property 5 for certainly he has no Abfblute Dominion over even the Brutal Part of the Creatures, and the t he has in them, is very narrow and fcanty, who cannot make that ufe of them, which is permitted to another 5 fhould any one, who is Abfblute Lord of a Country, have bidden our A-Subdue the Earth, and given him Dominion over the Creatures in it, but not have permitted him to have taken a Kid or a Lamb out of the flock, to fatis- fie his hunger, I guefs,he would fcarcehave thought himfelf Lord or Proprietor < that Land, or the Gattel on it, but wouL have found the difference between having Dominion-^ which a Shepherd may have, anc (49) md having full Property as an owner, Co :hat had it been his own Cafe, Sr. Rob. ; believe would have thought here was an Alteration, nay an Enlarging of Property, ind that Noah and his Children had by this 3rant, not only Property given them, )Ut fiach a Property given them in the Creatures,as Adam had not,for however in efpeft of one another,Men may be allow- d to have Propriety in their diftin make ufe of them. 40.Thus we have examined our^x Ar- ament for Adams Monarchy , founded on eBleffing Pronounced,! G*w.28.Where~ I think kisimpoffible for any fober Rea- ;r,to find anyelfebut thefetting of Man- a i. E kind - ^ C 5° ) kind above ti e other kinds of Creatures, in this habitable Earth of ours. ’Tis no¬ thing but* the giving to man, the whole Species of man, as the chief inhabitant, who is the Image of his Maker, the Do¬ minion over the other Creatures, This lies fb obvious in the plain words, that any one but our would have thought it ne- ceffary to have {hewn, how thefe words that feem’d to fay the quite centra ty, gave Adam Monarchical Ahfolute Power over other Men, or the Sole Propriety in all the Creatures, and me thinks in a bufi- nefs of this moment, and that whereon he Builds a 1 that follows, he thould have done fbsrething more then barely cite words which apparently make againft him, For, 1 confi-fis 1 cannot fee any thing in them, tending to Adams Monarchy . or Private Dominion , but quite the con¬ trary. And I the left deplore the dulnefi of my apprehehfion herein, Cnee I find the ApofUe teems to have as little notior of any fuch Private Dominion of Adam as I, when he fays, Gcd gives ns all thingi richly to enjoy , which he could not do. if it were all given away already, to Mo¬ narch Adam , and the Monarchs his Heirs and Succtflors. To conclude, this Text is (o far from proving Adam Sole Proprie¬ tor, that on the contrary , it is a con* firmatioE I.fp (51) firmationof the Original Community of all things amongft the Sons of Men, which af pearing from this Donation of Cb as wellas other places of Scripture, the Sove¬ reignty of /}dam t built upon hi-; Private Domini on > moft fall, not having any Foun¬ dation to fupport it. 41. But yet if after all, any one will Meeds have it (b f that by thi> Donation of God Adam was trade foie Proprietor of t- e whole Earth, what will this be to his Sovereignty, and how will it appear that Propriety in Land gives a Man Power over the Life of another, of how will the PofFeffi jn even of the whole Earth give any one a Sovereign Arbitrary Authority DVer the Perfons of Men 3 The moft fpe- :ious thing to be Paid, is$ that he that is Proprietor of the whole World may deny ill the reft of Mankind Food, and fo at his Pleafure ftarve them, if they will not ac¬ knowledge his Sovereignty and obey his iVill. If this were true, it would be a ?ood Argument to prove that there was lever any fuch Property , that God never jave any fuch Private Dominion, (Pice it s more reafonable to think that God w ho >id Mankind increafe and rrtultiply,fhou!d ather himfelf give them all a Right to flake ufe of i he Food and Raiment and Hher Conveniences of Life, the Materials lj E 3 thereof C 52 ) whereof , he bad fo plentifully provided for them, tben to make them depend! upon the W ill of a Man for their Sub¬ fill ance,who fhould have Power to deftroy them all when he pleafed, and who being no better then other Men, was in Succeflion likelyer by want and the dependance of a fcanty Fortune, to tye them to hard Ser¬ vice then by liberal Allowance of the Conveniences of Life promote the great Defign of God, Increafe and Multiply, he that doubts this, let him look into the Ab- folute Monarchies of the World, and fee what becomes ot the Conveniences ol Life and the Multitudes of People. 42. But we know God hath not left one Man fo to the Mercy of another, tha| he may ftarve him if he pleafe, God the Lord and Father of all has given no one of his Children fuch a Property in hi peculiar Portion of the things of this World, but that he has given his need) Brother a Pught in the Surpluflage of hi: Goods, fo that it cannot jullly be denyed him when his preffing wants call for it And therefore no Man could ever have £ juft Power over the Life of another bj Right of Property in Land or Poffefiions fince’twould always be a Sin in any Mar of Eftate to let his Brother perilh for wan of affording him Relief out of his Plenty®! ( 53 ) For as Juflke gives every Man a Title to the produftof his honeft Induftry, and the fair Acquifitions of his Anceftors def- :ended to him, fo Charity gives every Man a Title to fo much out of anothers Plenty as will keep him from extream vant, where he has no means to Hibfjft Jtherwife, And a Man can no more jutt- y make ufe of anothers necefTity, to orce him to become his Vaffal by with- lolding that Relief, God requires hitn to ifford to the wants of his Brother, then le that has more ftrength can feize upon i weaker, matter him to his Obedience, md with a Dagger at his Throat offer iim Death or Slavery. 43. Should any one makefo perverfe an ife of Gods Blettings powred on him with liberal Hand, fhould any one be Cruel nd Uncharitable to that extremity, yet 11 this would not prove that Propriety in ,and, even in this Cafe, gave any Autho- ity over the Perfons of Men, but only hat Compact might 5 fince the Authority »f the Rich Proprietor and the Subje&ion >f the Needy Beggar began not from the ’ofleffion of the Lord, but the Confent >f the poor Man who prefer’d being his ubjeft to ftarving. And the Man he thus jbmits to, can pretend to no more Power ver him then he has confented to, upon E 3 Compaf^ C 54 ) Compafr, upon this ground a Mans having his Stores filled in a time of Scarcity, having Money in his Pocket, being in a Veflel at Sea, being able to Swim, drc. may as well be the Foundation of Buie and Dominion, as being PofPlTor of all the Land in the World, any of thefe being fufficient to enable me to fave a Mans Life who would periihif fuch /f- fiftanee were denyed him ^ And any thing by this Rule that may be an occafion of working upon anothers necefiity to fave his Life cr any thing dear to him, at the rate of his Freedom may be made a Foun¬ dation of Sovereignty as well as Proper¬ ty ; From all which it is clear that tho God fhould have given Adam Private Do¬ minion, yet that Private Dominion could give him no Sovereignty But we have al¬ ready fufficiently proved that God gave him n o Private Dominion, CHAP. .. - C 55 ) f'l f . ' t > s ' wH ff * /* Ml ' r- \ ; F ' * t » 4 ♦ ' * l X * 1? " M t V - -fcD f V 3 » v i \ ’ t; ..V. ’ • ' ' ’ " V-- " / ' ' ' CHAP. v. j’V * * Tj f i \i , H ) ' v , «k .'Y f I 0 / Adams Title to Sovereignty by the Sub¬ jection of Eve. ■ *. T . * 4 ' 44 *T^ C next place of Scripture we I find our 4 -Build his Vnmarchy of Adam on is 3.G en.'iS.And thy clejire jhallbe to thy Husband, and he Ihall rule over thee. Here we have (fays he ) the Original Grant cf Government , from whence he concludes, in the following patt of the Page 0 . 244. that the S pream Power is fetled in the Father¬ hood, and limited to one kind of Govern¬ ment, that is to Monarchy 5 For let his premiles be what they wi'l, this is always the conclufion, let but Rule in any Text, be but once named, and prefently Abfolate Monarchy is by Divine Right F-ftablifn d, ifany one will but carefully Read our A—s own realbning from thele Words, O. 244* and confider among other things, the Fine and Poflerity of Adam , as he there brings them in, he will find lome difficul¬ ty, to make Serle of what he fays, But we will allow this at prelent, to his pecu¬ liar way of Writing, and confider the E 4 force 1 C 56 ) Force of the Text in hand. The words are the Curie of God upon the Woman, for having been the flirt: and forwarded in the Difobedience, and if we will con- fider the occaflon of what God fays here to our firft Parents, that he was Denopns cing Judgment, and declaring his Wrath agaioft them both, for their Difobedience, we cannot fuppofe that this was the time, wherein God was granting sldam Prero¬ gatives and Pfiviledges , inverting’ him with Dignity and Authority, Elevating him to Dominion and Monarchy 5 For though as a helper in the Temptation, as well as a Partner in the Tranfgreffion, Eve was laid below him, and fo he had accidentally a Superiority over her, for her greater Punifhmene, yet he too had his (hare in the fall, as well as the fin, and was laid lower, as may be feen in the fol¬ lowing Verfes, and’twould be hard to i- magin that God in the fame Breath, fhould make him Univerfal Monarch over all Mankind, and a day labourer for his Life. Turn him out of Paradiccjo till the Ground ver. 23. and at the fame time, advance him to a Throne, and all the Priviledges and Eafe ofAbfolute Power. 45. This was not a time, when Adam could expert any Favours, any Grant off Priviledges from his offended Maker. If ’"*' f * •' ‘this * < IT. p£ ■ c 57 ) his be the Original Grant of Government, as tur A — tells us,and Adam was now made Monarch, whatever Sr. Rob. would have rim,’tis plain, God made him but a very )oor Monarch,fuch an one,as our^-himfelf .vould have counted it no great Priviledge o be,God fets him to work for his living, ind deems rather to give him a Spade int9 \ishand, to Subdue the Earth, then a Scepter to Rule over its Inhabitants. In the ‘Sweat of thy Face , thon /halt eat thy Bread , 'ays God to him ver. 19. This was unavoi¬ dable, may it perhaps be anlwered, be- caufe he was yet without Subjects, and iad no Body to work for him, but after¬ wards living as he did above 900 Years, le might have People enough, whom he night command to work for him 5 no lays God, not only whijft thou art without o- cher help, fave thy Wife, but as long as thou liveft, (halt thou live by thy Labour. In the Sweat of thy Face, /halt thon eat thy Dread, till thou return unto the Ground, for out of it wafl thou taken, for du/l thou art , and unto du/l /halt thou return, v. 19. It will perhaps be anfwered again, in Favour of our A—, that thele Words are not fpoken Perlonally to Adam, but in him, as their Reprefentative to all Mankind, this being a Curie upon Mankind, becaule of the fall. \ * 4 6. God c 58; 4$.God,T believe.[peaks differently fror Men , becaufe he fpeaks with more Truth more Certainty ..but when he vouchfi£s,tr (peak to Men ; I do not think, he (peak differently from them, in eroding tht Rules of Language, in ufe amongft them this would not be to condelcend to theii Capacicic-s, when he humbles himf If tc! fpeak to them, but to loofe his d fign irj fjpeaking, what thus fpoken, they could not underhand. And yet thus muft wt think of God,if the Interpretations ofS rip- ture,neceffary to maintain our As Doitrin, muff be received for good 5 For by the ordinary Rules of Language, it will be very hard to underhand what God (ays 5 if what he fpeaks here, in the Singular Number to Adam muft be uoderftood to be fpoken to all Mankind, and what he fays in the Plural Number, 1 Gen. 16. and 28. muft be underftood of Adam alone, exclufive of all others, and what he fays to Noah and his Sons Joyntly, muft be underftood to be meant to Noah alone, Gen 9. 47. Farther it is to be noted, that thefe wordshere of 3 Ge«.i6.which our^- calls the Original Grant of Government were hot fpoken to Adam , neither indeed was there any Granc in them made to Adam, j but a punifhtnent laid upon Eve , and if 1 we C 59 ) ve will take them as they were direfted n particular to her, or in her, as a repre* cnrative to all other Women, they will it mod: concern the Female Sex only, and rrport no more but that fubjedfion they he u!d ordinarily be in to their Husbands, jut there i« here no more Law to oblige i Woman to fuch a Subjeftion, if the Circuuiftances either of her Condition or Com raft with her Husband fhould exempt aer from it, then there is that file fhould bring forth her Children in Sorrow and Pain, if there could be found a Remedy for it, which is ah'b a part of the fame Curfe neon her, for the whole Verfe runs thus, unto the If ornan he [aid, I will greatly M Itiply thy /arrow and thy conception 5 In forrow thou flail bring f rth Children . and thy defire fhall be to thy Husband, and he Jhall rule over thee, ’f would I think have been a hard matter for any Body, but our A — to have found out a Grant of Monarchical Government to Adam in thefe Words, which were neither fpoke tb, nor of him, neither will any one, I fuppofe, by thefe Words, think the weaker Sex, as by a Law ib Subje&ed to the Curfe contained in them, that ’tis their duty, not to endea¬ vour to avoid it. And will any one (ay that Et/e,or any other Woman, fin’d, if fhe were brought to Bed, without thole Mul- f tiplyed («o) tiplyed Pains, God threatens her here with, or that either of our Queens Mar) or Elizabeth , had they Married any of their Subjects had been by this Text, put into a Political Subjection to him, or that he thereby fhould have had Monarchical Rule over her, Godin this Text,gives not that I fee any Authority to Adam over Eve , or Men over their Wives, but only foretels what fhould be the Womans Lot, how by his Providence he would order it fo, that (be fhould be SubjeCl to her Huf- band, as we fee that generally the Laws of Mankind and Cuftoms of Nations, have ordered it fb, and there is, I grant, a Foun¬ dation in Nature for it. ’* . «j 43 .Thus when God fays of Jacob and E-\ fan that the Elder fhould ferve the Tounger , 25 Gen, 23. nobody fuppofes that God hereby made Jacob Ejjaus Sovereign, but foretold what fhould de faffoco me topafs. But if thefe words here {poke to Eve muft needs be underftood as a Law to bind her and all other Women to Sub¬ jection, it can be no other Subjection then what every Wife owes her Husband, and then if this be the Original Grant of Government and the Foundation of Mo¬ narchal Power , there will be as many Mo- narchs as there are Husbands : If there¬ fore thefe words give any Power to Adam, ( 61 ) tcan be only a Conjugal Power, not ’olitical, the Power that every Husband lath to order the things of private Con- rernment in his Family, as Proprietor of :he Gcods and Land there, and to have lis Will take place in all things of their Common Concernment before that of his *Vife $ But not a Political Power of Life md Death over her, much lefs over any jody elfe. 49. This I am fere.* If our A— will aave this Text to be a Grant, the Origi¬ nal Grant cf Government, political Go¬ vernment, he ought to have proved it by fome better Arguments then by barely Saying, that thy dejtre [hall be unto thy Huf- band, was a Law whereby Eve and all that Jhould come of her, were fubjedted to the Abfblute Monarchical Power of J- dam and his Heirs. Thy de/re {hall be to thy Husband, is too doubtful an Expreffion, of whofe fignification Interpreters are not agreed,to build (b confidently on, and in a Matter of fuch moment and fo great and general Concernment 5 But our A— according to his way of Writing, having once named the Text, concludes prefently without any more ado, that the meaning is, as he would have it,let the Words Rule and Subjell be but found in the Text or Margent, and it immediately fignifies the * Duty c «o Duty of a Subjsft to his Prince, and th Relation is changed, and though Got fays Husband , Sr. Robt. will have it King Adam has prefently Abfolute Monarchia Power over Eve, and not only Eve bu all that fliodd come of her, though the Scrip ture fays not a word of it, nor our A - 5 word to prove it. But Adam muff foi all that bean Abfolute Monarch, and fc to the end of the Chapter quite down tc Ch. i. And here I leave my Reader tc confider whether ray bare Saying, with¬ out offering any Reaforis to evince it, that thi Text gave not Adam that Ab- fohite Monarchal Power, our A - (uppof.s, be not as fudieient to deftroy that Power as his bare AfTertion is to Eftablifh it, fince the Text mentions neither Prince nor People, fpeaks nothing of Abfolute or Mo¬ narchal Power , but the Subjection of Eve , a Wife to her Husband. And he that! would treat our A- fo,although he wou’d make a fhort and fufficient anfwer to the greateft part of the Grounds he proceeds on,and abundantly confute them by barely denying 5 It being a fufiicient anfwer to AT fertions without proof to deny them with¬ out givinga Reafon, and therefore (hould I have faid nothing but barely deny’d that by this Text the Supream Power was filed and founded bj- God himfelfy in II ■ the C Si ) >e Fatherhood , Limited to Monarchy, and nit to //dams Per fan and Heirs, all which ur A — notably concludes from theft i^ords, as may be fttn in the lame Page I. 244. and defired any fober Man, to ave read the Text, and confidered to /hem and on whatGccafionit wasfpoken, e would no doubt have wondered how ur ^-found out Monarchical Abfohte Porx>- r in it, had he not had an excee ding good acuity to find it himfelf, where he could ot fhew it ethers 5 And thus we have xamined the two places of Scripture, all hat I remember our A- brings to prove 4dams Sovereignty , that Supremacy, which £ fa vs, it teas Gods Ordinance Jlsould he nlimitted in Adam , and as large as all tlse s of his Will. 0 . 254, viz. I Gen. 28. nd 3. Gen. 16. one whereof fignifies nly the Subje&ion of the inferior Ranks if Creatures to Mankind, and the other he Subjt&ion that is due from a Wife o her Husband, both far enough from hat which Subjetts owe the Governors >f Political Societies. CHAP. L ( <4 ) ' * w r 1 ‘ # , % . chap. vr. Of Adams Title to Sovereignty by Fathe. hood. 1 ' '* n * ®j 5 °‘ l^Here is one thing more and the JL ^ think I have given you all tha our A— brings for proof of Adams Sovc reignty, arid that is aSuppofition of a na tural Right of Dominion over his Chil dren, by being their Father, and this Titl of Fatherhood lie is pleated with, that yoi will find it brought in almoft in ever Page, particularly, he fays, not. only Adan but the Jifcceeding Patriarchs had by High of Fatherhood Royal Authority over thei Children , p. 12. And in the fame page This Subjection of Children being the Foun tain of all Regal Authority , See. This being as one would think by his fb frequeni mentioning it the main bafis of all his Frame, we may well expect clear ana evident Reafon for it, lince he lays it down as a pofition neceflary to his pur- pole, that every Man that is born is Jb far from being Jrree, that by his very Birth he becomes a SubjeCt of him that begets him , O. 15 6 . So that Adam being the only Man Created, and all ever fince being begot¬ ten o4> :en, no body has been born free : if wei isk how Adam comes by this Power over lis Children* he tells ns here ’tis by be¬ ating them.* And fo again, 0 . 223. This tataral Dominion of ’ Adam, fays he, may f, proved out of Grotius himfelf. who teach- th that generatione jus ncquiritur paren- ibusia liberos. And indeed the ad of •egetting being that which makes a Mali Father, his Right of Father over his Children can naturally arifefrom nothing lie. ,51. Grotius tells us not here how far this is in liberos, this Power of Parents over leir Children extends, but our A- ah 'ays very clear in the point affures us, is Supreme Power , and like that of A fa¬ ilure Mona rchs over their . Slaves, Ab- tlute Power of Life and Death: He lat (hould demand of him how, or for hat Reafon, it is, that begetting a Child ives the Father fuch an Abfblute Power ver him, will find him anfwer nothing, e are to take his word for this as well i feveral other things, and by that the aws of Nature and the Conftitutions ' Government muft (land and fall 5 Had - been an Abfolute Monarch, this way talking might have fuited well enough, 0 ratione voluntas, may there be allow- l : but ’tis but an ill way of pleading for* > S Abfolute ( 66 ) Abfolute Monarchy, and Sr. Rdbts. bar> Sayings will fcarce Eftablifh it, one flave Opinion without proof is not of weigh enough to difpofe of the Liberty anc Fortunes of all Mankind , If all Men an not as I think they are naturally equal Fmfureall Slaves are, and then I raaj without preemption oppofe my fingli Opinion to his, and be as confident tha my Saying, that begetting of Childrei makes them not Slaves to their Fathers lets all Mankind Free, as his affirmin| the contrary makes them all Slaves. Bu that this pofition, which is the Foun dation of all their Do&rin, who wouk have Monarchy to be Jure divino , ma; have all fair play, let us hear what reafon others give for it, fince our A— offers none 52. The Argument, I have heard 0 thers make ufe of, to prove that Father by begetting them, come by an Abfolut Power over their Children is this 5 Tha Fathers have a Power over the Lives of thei Children, becanfe they give them Life and Be ing ,which is the only proof it is capable of fince there can be no reafon,why naturall] oneManfhould have any claim or pre tence of Right over that in another which was never his, which he beftowee not, but was received from the bounty o another, v. 1 anfwer that every on< wh< C *7 ) /ho gives an other any thing, has not al¬ ways thereby a Right to take it away a- ain 3 But 2°. they who Lay the Father ives Life to his Children, are fo dazled /ith the thoughts or Monarchy that they o not, as they ought, remember God k'ho is the Author and giver of Life , y tis in im alone roe live , move and have our Being. low can he be thought to give Life to nother that knows not wherein his own ,ife confifts, Philefophers are at a lots bout it after their mod diligent enqui- ies. And Anatomifts after their whole Jves and Studies fpent in difledions and iligent examining the Bodies of Men, onfefs their Ignorance in the Structure nd Ule of Many parts of Mans Body, nd in that Operation wherein Life cou¬ rts in the whole 3 And doth the rude lough Man or the more Ignorant Volup- jary Frame or Faihion fuch an admirable ingine as this is, and then put Life and enfe into it 3 can any Man fay, he formed tie parts that are neceflary to the Life f his Child, or can he fuppofe himfelf d give the Life, and yet not know what ubjed is fit to receive it, nor what Adir ns or Organs are neceflary for itsRecep- ion or Prefervation ? , > 53. To give Life to that which has yet o being is to Frame and make a living F 2 Creature I u 'Iff H j i^, i ( 63 ) Creature, fafhion the parts and mouTc and fuit them to their ufes, and having proportion’d and fitted them together t< put into them a living Soul. He tha could do this might indeed have fbm pretence to deftroy his own Workman fhip. But is there any one Co bold, tha dares thus far Arrogate to himfelf th< Incomprehenfible Works of the Almighty who alone did at firft and continues ftil to make a live Soul, he alone can breat in the Breath of Life. If any one think himfelf an Artift at this, let bi n numbe up the parts of his Childs Body which h hath made, tell me their fifes and Opera tions, and when the living and rations Soul began to Inhabit, this curiou Strufture when Senfe began, and hov this Engine he has framed Thinks an< Reafbns ^ If he made it, let him when i is out of order mend it, at leaft tel wherein the defers lie > (lull he that mad the Eye not fee, fays the Pfalmifi , Pfalm.y 4 9. See thefe Mens Vanities: The ftruftur of one part is fuffic.ient to convince us o an Allwife Contriver, and he has fo vifibl a claim to us as his Workmanfhip, that on of the ordinary ApelJations of God ii Scripture is, God our Maker and the Lon our Maker. And therefore though ou 1 %-y for the magnifying his Fatherhood b< pleafe< ( 69 ) leafed to fay, 0 . 159. That even the Power hich God hiwfelf excrcifith over Mankind '■ b Right of,\ Fatherhood , yet this Father- ood is fuch an one as utterly excludes I pretence of Title in earthly Parents 5 >r he is King beeaufe he is indeed Maker f ns al, which no Parents can pretend ) be of their Children. 54. But had Men Skill and Power to ake their Children, ’tis not fb flight a ece of Wormanfnip, that it can be i- agined they could make them without Signing it, what Father of a thoufand hen he begets a Child thinks farther en the fatisfying his prefent Appetite, od in his infinite Wifdom has put ftrong ■fires of Copulation into the Conftituti- 1 of Men, thereby to continue the race Mankind, which he doth oioft corn- only without the intention, and often ;ainfk the Confent and Will of the Be¬ tter. And indeed thofe who defire and :fign Children, are but the occafions of eir being, and when they defign and ilh to beget them, do little more to- irds their making then Deucalion and s Wife in the Fable did towards the iking of Mankind, by throwing Pebles er their Heads. v. C 70 ) 55. But grant that the Parents mad< their Children, gave them Life and Be ing,and that hence there followed an Abfo lute Power.This would give the Father bu a joynt Dominion with the Mother ovei them 3 for no body can deny but that th< Woman hath an equal (hare, if not th< greater,as nouri(hing the Child a long tin* in her own Body out of her own fubfi france. There it is falhion’d, and from he it receives the Materials and Principles o its Conftitution 3 And it is Co hard to i magin the rational Soul (hould prefenth Inhabit the yet unformed Embrio, as fooi as the Father has done his part in thi A& of Generation, that if it muft be (up pofed to derive any thingfrom the Parents it muft certainly owe moft to the Mother But be that as it will, the Mother canno be denied an equal (hare in begetting of th Child, and fo the Abfolute Authority 0 the Father will not a rile from hence, ou A — indeed is of another mind 3 for hi lays. We know that God at the Creatio) gave the Sovereignty to the Man over th Woman , as being the Nobler and Principa sdgent in Generation , 0 ; 172. I renlembe not this in my Bible, and when the placi is brought where God at the Creatiot gave the Sovereignty to Man over th* Woman, and that fox this Realbn, be .. C 70 ;au(e he is the Nobler and Principal /fgent in Generation, it will be time enough to con- fid er and anfwer it: But it is no new :hing for our A- to tell us his own Phancies br certain and divine Truths, . though chere be often a great deal of difference aetween his and divine Revelations , for Godin the Scripture lays, his Father and bis Mother that begot him. 5 6 . They who alledge the Practice of Mankind, for expojing or Jelling their Chil¬ dren,as a Proof of their Power over them, are with Sr. Robt . happy Arguers and cannot but recommend their Opinion by founding it on the mod lhameful Action and molt unnatural Murder, humane Na¬ ture is capable of. The dens of Lions and Nurferies of Wolves know no fuch Cruel¬ ty as this, Thele Savage Inhabitants of the Delart obey God and Nature, in be¬ ing tender and careful of their Off-lpring, They will Hunt, Watch, Fight and al- mod Starve for the Prefervation of their Young, never part with them, never .for? fake them till they are able to fhift for themfelves 5 And is it the priviledge of Man alone to aft more contrary to Na¬ ture then the Wild and rood Untamed Part of the Creation ? Doth God forbid fjs under the levered Penalty, that of peath.to take away the Life of any Man, m “ " ’ •'* • . f 4 » a Stranger,ana upon Provocatiom?and doe lie permit us to defrroy thofe he has giver us the Charge and Care of, and by the dictates of Nature and Realon as well as his reveal’d Command, requires us to preferve .aflton muft needs run him intoftrange :ourfes, if reafon, which is the only Star md Compafs,.- be not that he Steers by } the imagination is always reftlefs and uggefts variety of thoughts, and the will, •eaf^n Being laid a fide, is ready for every extravagant * • ,. * lk, ' X % ' mw. ^ * W k* j£§Sr*s extravagant projeft 5 And in this State he that goesfartheft out of the way, i< thought fitteft to lead, and is fure of mof followers ; And when Falhion hath onc< Eftablifhed, what Folly or Craft began Cuftom makes it Sacred, and ’twill be thought impudence or madhefs, to con traditt or queftion it. He that will impar¬ tially fiirvey the World, will find lb much of the Religion, Government and Manner* of the Nations of the World, brought in. and continued by thefe means, that he will have but little Reverence for the Praftices, which are in Fafhion among!! Men, and will have reafon to think, that the Woods and For efts, where the irra¬ tional untaught Inhabitants keep right by following nature, are fitter to give us Rules, then Cities and Palaces, where thole that call themlelves civil and rati¬ onal, go out of their way, by the Autho¬ rity of Example. 5 9 *B e it then as Sr. 2 b?£.lays,that Ancient- Ij, it was ufnal for Men, to fell and caflrate their Children, 0 . 15 5 .Let it be,that they ex- pofe them,add to it, if you pleafe, for this is ftill greater Power, that they begat them for their Tables to fat and eat them, if this proves a right to do lo, we may by the fame Argument, juftifie Adultery, Ihceft and Sodomy, for there are examples * of ( 75 ) )fthe(etoo, both Ancient and Modern 5 5ins,which I fuppofe, have their Principal Aggravation from this, that they croft the main intention of nature, which* wil- leth the increafe of Mankind, and the con¬ tinuation of the Species in the higheft per¬ fection and the diftinftion of Families, with the lecurity of the Marriage Bed, as neceflary thereunto. • 60. In confirmation of this Natural Authority of the Father, our A— brings a Lame Proof, from the pofitive command of God in Scripture 3 His Words are, fa confirm the natural Right of Regal Power, we find in the Decalogue , that the Law which injoyns Obedience to Kings,is delivered in the Term , Honour thy Father , p. 23. where¬ as many confefs, that Government only in the Abftratf, is the Ordinance of God, they- are not able to prove any fuch Ordinance in the Scripture, but only in the Fatherly Power, and therefore we find the Commandment that injoyns Obedience, to Superiors, given in the Terms , Honour thy Father 5 fo that not only the Power and Right of Government, • but the Form of the Power Governing, and the Per' Jon having the Power , are aU the Ordinances of God. The fir(l Father had not only [imply Power , but Power Monarchical, as he was Father immediately from God, 0 . 254 * i'o the fame purpofe, the fame Law is cited C 76 ) cited by our A- in feveral other places, and juft after the fame Fafhion,that is, and Mother , as Apocriphal Words, are al¬ ways left out 5 a great Argument of our As ingenuity, and the goodnefs of his Caufe, which required in its Defender, Zeal to a degree of warmth, able to warp the Sacred Rule of the Word of God, to make it comply with his prefent occa- fion, a way of proceeding, net unufual to thofe, who imbrace not truths, becaufe Reafon and Revelation offers them, but efpoufe Tenets and Parties, for ends dif¬ ferent from Truth, and then refolve at any rate to defend them 5 And fo do with the Words and Senfe of Authors, they would fit to their purpofe, juft as Procnfles did with his guefts, top or ftretch them, as may beft fit them to the fize of their Notions, and they always prove like thofe, fb ferved,deformed and ufelefs. . 61. For had our A — fet down this command without Garbling, as God gave it, and joyned Mother to Father, every Reader would have feen, that it had made dire&ly againft him, and that it was fb far from Eftablilhing the Monarchical Power of the Father , that it let up the Mother equal with him, and injoyn’d no¬ thing but what was due in common, to froth Father and Mother ? for that is the Fonftans ’ • t t m, r- W->■ *" ■ ~ C 77 ) onftant Tenor of the Scripture, Honour hy Father and thy Mother, Exod. 20. Fe that fmiteth his Father or Mother , (hall itrely be put to death , 21. 15* He that Cur Jet h its Father or his Mother , (hall furely be put to ieath,ver. 17. Repeated Lev. 20.9.' and by 3 Ur Saviour, Math. 15.4* ) e (hall fear every Man his Mother and his Father , Lev. 19. 3 . If a Alan have a Rebellious Sonyvhich will not obey the voice of his Father or the voice of his Mother , then fhall his Father and his Mother '.ay hold on him^and fay this our Son is Stuborn and Rebellious , he will not obey our voice^ Dtut. 21. 18, 19, 20, 2i. Cur fed be he that fetteth light by his Father or his Mo - ther y 28. 16. my Son , hear the in fir uni¬ ons of thy Father , and forfake not the Law of thy Mother , are the Words of Solomon a King, who was not ignorant of what be¬ longed to him, as a Father or a King, and yet he joyns Father and Mother together, in all the Inftruftions he gives Children quite through his Book of Proverbs , woe unto him , that fayeth unto his Father , what begettejl thou , or to the fVoman^ what hafl thou brought forth , I fa. 11. v. 10. In thee have they fet light by Father or Mother , Ezek. 28. 2. And it (hall come to pafs, that whets any (hall yet Prophejy , then his Father and his Mother that begat him , fhall fay unto him, thou (Italt not Hite, and his Father and his 'i Mother C 78 X i Mother that begat him jhall thrujl hm through when he Prophejieth, Zech. 13. 3. Here not the Father only, but Father and Mother joyntly, had Power in this Cafe of Life and Death. Thus ran the Law of the Old T eft ament, and in the New they are likewife joyn’d, in the Obedience of their Children, Eph, 6. 1. The rule is. Children obey your Parents , and I do not remember,that I any where read,Children obey your Father and no more, the Scrip¬ ture joyns Mother too in that homage, which is due from Children, and had there been any Text, where the honour or obedience of Children, had been dire&ed to the Father alone, ’tis not likely that our A —, who pretends to Build all upon Scripture, would have omitted it, nay , the Scripture makes the Authority of Fa¬ ther and Mother , in refpeft of thole they have begot, fo equal that in lome places it negle&s, even the Priority of Order, /which is thought due to the Father, and the Mother is put firft, as Lev. 19 .3. from which fo conftantly joyning Father and Mother together,as is found quite through the Scripture, we may conclude that the honour they have a Title to from their Children, is one common tight belong¬ ing fiyeqqally to them both, that neither can e&iim it wholly, neither can be ex¬ cluded. 62. One \ C 79 ) 62. One would wonder then how our l— infers from the 5 th Commandment, hat all Power was Originally in the Father■. low he finds Monarchical Power of Govern¬ ment , fettled and fixed by the Commandment , honour thy Father and thy Mother , If all he honour due by the Commandments, >e it what it will, be the only right of the father, becaule he, as our A . - lays, has the Sovereignty over the Woman^as being the No- >ler aad Principal Agent in Generation , why lid God afterwards all along joyn the Mother with him, to (hare in this honour, :an the Father by this Sovereignty of his lifcharge the Child from Paying this Honour to his Mother. The Scripture gave 10 fuch Licenfe to the Jews, and yet there vere often Breaches wide enough betwixt dusband and Wife, even to divorce and eperation, and I think no Body will (ay, 1 Child may withhold honour from his vlother, or as the Scripture Terms it, fit ight by her , though his Father fhould :ommand him to do fo, no more then the Vlother could difpenle with him, for neg- e&ing to Honour his Father, whereby ’tis plain, that this command of God, gives the Father no Sovereignty, no Supre- macy.M ' !. * i 63. I agree with our that the Ti¬ tle to this Hfinour^ is vefted in the Parents , by CSo.) by nature, and is a right which accrew J? !* em » b y tbeir having begotten thei Children, and God by many pofitive Da durations has confirm’d it to them, I a!f, allow our A-, Rule, that m Grant, am jat ' ' )dVe *^ e * r ® r *Z ifJa l from Goi and Nature , as the Power of the Father , le me add and Mother , for whom God had joyned together, let no Man put a fun der, no inferior Power of Men can limit nor make any Law of Preemption aeainfi them, O. 15S, So that the Mother having by tins Law of God, a fight to Honour from her Children, which is not Subjeft * be Sin 0bber Husband, we fee this Jbjolute Monarchical Power of the Father can neither be founded on it, nor confift With-its.And he has a Power very far focal Monarchical , very for from that Abfolutenef our sl-~ contends for, when another has over his Sulye&s the fame Power he hath,and by the fame Title, and therefore he cannot forbear faying him- felf, that he cannot fee how any Mans Chil¬ dren can be free from Subjection to their Pa¬ rents, p. 12. which in common Speech, I think figniffos Mother as well as Father , or if Parents here fignifies only Father , tis the firft time I ever yet knew it to do fo, end oy fuck an ufo of Words, one may fay any thing. 64. By (St i 64. By oar / Do&rin, the Father laving Ablolute jurifdi&ion over his Children, has alfo the fa me overthtir Iflue, md the conkquence is good, were it true, hat the Father had fuch a Power, and ret labour rf * whether the Grand-fa- her by his Sovereignty, could dilcharge he Grani-Child from Paying to hi> •’ather, the honour due to him by \he 5 th Commandment } If the Grand-Father, lat'iby ri^ht of Fatherhood, Sole Sovereign > ower in him, and by Honour thy Father >e commanded, that Obedience which is lue to the Sovereign, ’tis certain the 3 rand Father might difpence with the 3 rand*Sons Honouring his Father, w hich ince ’tis evident in common Senfe, he annot ’tis evident Honour thy Father and Mother , cannot mean an Abfolute Sub- eftion to a Sovereign Power, but fqme- hing elle. The right therefore which 5 arthts have by nacure, and which is :onfirmed to them by the 5 th Command- nent, cannot be that Political Dominion,' vhichour A— would derive from it, fo*f hat being in every civil Society, Supreatn omewhere, can dilcharge any Suojr,#, rom any PoliticalObedfc mce, to any one )f his fellow Subject'. But what Law ifthe Magiftrate, can giv? a Child liberty? lot to’ Honour his bather ana, Mfither •$ tis an eternal Law , anmopci j.tu,tly to €? chtf I ' (• 8 » ) the relation of Parents and Children, an< fo contains nothing of the Magiftrate Power in it, nor is Subje&ed to it. 65. Our A- fays, God hath given to Fathera right or liberty to Alien his Port* over his Children to any other , 0 . 155 I doubt whether he can Alien , wholly th right of Honour that is due from them But be that as it will, this I am fure, h cannot Alien, and retain the fame Power if therefore the Magiftrates Sovereignty be as our A ~ would have it, nothing bn the Authority of a Supream Father , p. 23 *tis unavoidable, that if the Magiftrat hath all this Paternal Right as he mud have if Fatherhood be the Fountain of all A u thorny, then the Subje&s though Fa thers, can have no Power over their Chil dren. no right to honour from them 5 fo it cannot be all in anothers hands, an< a part remain with them, fo that accor ding to our A-s own Dottrin, Honom thy Father and Mother , cannot poffibly b< underftood of Political Subje&ion apd O hedience, Gnce the Laws both in the Ole aodNew Teftament,that commandedChil dr«en to Honour and obey their Parents, were given to fuch, whofe Fathers were under fuch Gov ernment, and fellow Sub¬ jects with them in Political Societies,and tc have bid them Honour and obey their Parents in our As 5 enfe,had been to bid them be * Subjects ( 8 ?)',. ubje&s to thofe, who had no Title to it, fie right to Obedience from Subjects,, eing all vetted in another, and inftead fteaching Obedience, this had been to ament Sedition, by fetting up Powers cat were not, If therefore this command, Jononr thy Father and Mother , concern olitical Dominion, it dire&ly over¬ crows our As Monarchy, fince it being a be paid by every Child to his Father, ven in Society, every Father mutt necefi- irily have Political Dominion, and there dll be as many Sovereigns, as there are athers, befides that the Mother too hath sr Title, whiyh deftroys the Sovereignty f one Supream Monarch. But if Honour y Father and Mother, mean fomethjng iftind from Political Power, as necef- rily it mutt, it is befides our As bufi- ;fs, and ferves nothing to his purpofe* 66 . 1 he Law that enjoytts Obedience to .ings is delivered , fays our A-, in the zrms. Honour thy Father , as if all Power we Originally in the Father, 0. 254. And iat Law is alfb delivered, fay I, in the erms, Honour thy Mother, as if all Power ere Originally in the Mother, I appeal hether the Argument be not as good 1 one fide as the other. Father and Mo~ cr being joyned all along in the Old id New reftamenr, where Honour or bedunce is injoyrfd Children, again G 7 o8f ( 8 4 ) our A-- tells U 9 , 0 . 254. that this com wand Honour thy Father gives the righ to govern , and makes the Form of Govern went Monarchical. To which I anfwet that, if by Honour thy Father , be mear Obedience to the Political Power of th Magiftrate, it concerns not any duty w owe to our Natural Fathers who ar Subjects, becaufe they by our A—s Dc ftiin, are diverted of all that Power, being placed wholly in the Prince, and 1 being equally Subje&s and Slaves wit their Children, can have no right by th; T itle, to any fuch Honour or Obedience ; contains in it Political Subjection } Honour thy Father and Mother fignifi the duty we owe our Natural Parent as by our Saviours Interpretation, Mat -15. 4. and all the other mention’d place ’ris plain it does, then it cannot concei Political Obedience, but a duty that owing to Perfcns, who have no T itle 1 Sovereignty, nor any Political Authorit as Magiftrates over Subje&s, for the Pe ion of a private Father, and a T itle 1 Obedience, due to the Supream Mag ftrate, are things inconfiltent, and ther fore this command, which muft necefiai ly comprehend the Perfons of our Natur Fathers, muft mean a duty we owe the diftinft from our Obedience to the M giftrat ( 8 5 ) iftrate, and from which the moft Abfo- ite Power of Princes cannot abfolve us, hat this duty is, we (hall in its due place xamin. 67. And thus we have at laft got irough all that in our A— looks like an rgument for that Abfolute unlimited mercginty defcribed, Sed.S.which he fup- ofes in JddamFo that Mankind ever fince ave all been born jlaves, without any Title ) Freedom 3 But if Creation which gave othing but a Being, made not Adam rince of his Pojlerity 3 If Adam, Gen. 1. 3 . was not conftituted Lord of Man. ind, nor had a Private Dominion given im exclufive of his Children, but only a .ight and Power over the Earth, and in? ;riour Creatures in common with the ihildren of Men 3 If alio Gen. 3. 16. God ave not any Political Power to Adam over is Wife and Children, but only Subjected \ve to Adam, as a punidiment, or foretold le Subje&ion of the weaker Sex, in the rdering the common concernments of leir Families, but gave not thereby to \dam, as to the Husband Power of ,ife and Death, which necefTarily be- angs to the Magiftrate 3 If Fathers by egetting their Children acquire no fuch ower over them, and if the command • _ / f f f • / Ion oh r thj Father and Mother , give it not G 3 ^ but 1 (8 <5 ) but only enjoyns a duty owing to Pa¬ rents equally, whether Subjefts or not. and to the Mother as well as the Father ■ If all this be lo as I think, by what has been faid, is very evident, then Van has a Natural Freedom , notwithftanding all our A— confidently fays to the contrary, imce all that Chare in the fame common Nature, Faculties and Powers are in Na¬ ture equal, and ought to partake in the! fame common Rights and Priviledges, till the manifeft appointment of God, who is I^ord over all hlejjed for ever , can be produced to Chew any Particular PerCons Supremacy, or a Mans own Confent Sub- ^ebts hint to a Superior. This is Co plain that our A- confefle*, that Sr. John Hey- ward, Blacwood and Barclay the great vint die a tor; of the Right of Kings, could not deny if, but admit with one confent the Na- im in Liberty and Equality of Mankind, for a 1 ruth unqueftionable. And our A--. hath beefido far from producing any thing, that m ty make good his great Pofition, tnat .'.dam veas sib folate Monarch, and Co Men are not Naturally free, that even his own Proofs make againft him, fo that to ule is own way of Arguing. This firfl Ci roneous Principle failing, the whole Fabrick, of toij vajl engine of Absolute Power and I yranny, drops down of it Jclf and there » | C87) ieeds no more tobefaid in anfvver to all hat he builds upon,fo falfe and frail a Foun- lation. 68. But to fave others the pains, were here any need, he is not (paring himlelt :o (hew by his own contradi&ions , the iveaknefs of his own Doftrins, Adana. \bfolute and Sole Dominion is that vhichhe is every where full of, and aiL along builds on, and yet he tells us, p. 12. 'hat as Adam was Lord of his Children , c q his Children under him had a Command vsd Poner over their own Children. The unlimited and undivided Sovereginty of /fdams Fatherhood , by our A—s computa¬ tion, ftood but a little while, only during the fir ft Generation* but as foon as he had Grand-Children, Sr. Rob. could give but a very ill account of it, Adam as Father of his Children faith he, hath an Ahfohiie , Unlimited Royal Power over th m, and by vert ne thereof over thoje that they uepot, and fo to all Generations , and yet his Children , viz. Cain and Sefh have a Paternal Power over their Children at toe lame time, lb that they are at the fame time Anfblute Lords , and yet Subjects and Slaves 5 Adam has all the Authority, as Grand-Father of his People , and they have a part as Fa¬ thers 5 He is Abfolute over them and their Pofterity, by having begotten them, and W V ” G 4 ‘ yet j • ! \ V-. C 88 ) yet tbev are Absolute over their Chil¬ dren by the fame Title, no (ays our A —, Adams Children under him , had Power over ikeir own Children, but ftili with Subordina¬ tion to the the firfl Parent . A good di- ftinftion that found-, well, and ’tis pitty ir fignifi s nothing, nor can be reconciled with our A- s Words, 1 readily grant tiat fupp >fiog A dams t'bfo'ute Po rer over his Posterity, any of his Children might have from him a delegated, and to a Subordinate Power, over a part or all ihe relfo But that cannot be the Power our A— fpeaks ot here, it is not a Power by Grant and Cominiluon, but the Natural Paternal Power, he fuppofes a Father to have over his Children ? for i°, he fays as Adam was Lord of his Children , fo his Children under him , had a Power over their own Children t, They were then Lords over their own Children after the fame manner, and by the fame Title that j 4 dam was, i. e. by right of Generation, by right ot Fa¬ therhood? 2°, his plain he means the Natu¬ ral Power of Fathers, be’caufe he limits it to be on’y over th ir own Children , a de¬ legated Power, has • no f iJi limitation, as only over their own Children, ir n ight be over others, a well as their own Chil¬ dren 5 3°, ’fit - v ere a delegated Power, it mud appear in Scripture, but mere is no •* , . * ' •' ground 1 . # ( $0 ground in Scripture to affirm that Atdanfs Children, had any other Power over I heirs then what they naturally had as fathers. 69. But that he means here Paternal ^ovver, and no other, is paft doubt from :he Inference he makes in thefe words mmediately following, I fee not then how ‘he Children of Adam or of any Man el/e can \e free from Subjection to their Parent /, 'hereby it appears that the Power on one jde and the Subjection on the other, our rf - here fpeaks of is that Natural Power and Subjection between Parents and Chil¬ dren $ for that which every Mans Chil¬ dren owed could be no other, and that our A- always affirms to be abfolute and unlimited. This natural Power of Pa¬ rents over their Children, sfdam had over his Pofterity, fays our ^-,and this Power of Parents over their Children, his Chil¬ dren had over theirs in his Life time, lays our A— alio 3 lo that Adam by a natural Right of Father, had an ablolute, un¬ limited Power over all his Pofterity, and at the lame time his Children had by the fame Right abfolute unlimited Power over theirs, here then are two ablolute unli¬ mited Powers exifting together, which I would have any body reconcile one to a- nother,or to common Senle-, for the Salvo, . , _ ( 90 ) be has put in of Subordination , makes it more abfurd : To have one AbJolute,Z)n- limited , nay Unlimitable Power in Subordi¬ nation to another, is lo manifeft: a Con¬ tradiction, that nothing can be more, A- dam is Abfolitte Prince with the ^Unlimited Authority of Fatherhood over all his Pojleri- ty 5 All his Pofterity are then ablolutely his Subje&s, and,as our A - fays,his Slaves , Children and Grand Children are equally in this State of Subje&ion and Slavery, and yet lays our A—^the Children 0/Adam have paternal , i. e. Abfolute, Unlimited Power over their own Children^ which in /plain Englifh is, they are Slaves and Ab¬ folute Princes at the fame time, and in the fame Government, and one part of the Subjects have an Ablolute Unlimited • Power over the other by the natural Right of Parentage. 1] 70. If any one will fuppofe in favour of our At- that he here meant that Parents who are in Subje&ion themfeives to the Abfolute Authority of their Far ther, have yet fome Power over their Children : I confefs he is fomething near¬ er the truth, but he will not at all here¬ by help our A -- 5 for he no where (peak¬ ing of the Paternal Power, but as an Ab¬ folute Unlimited Authority, cannot be fuppos’d to . understand any thing elfe (90 • / f • iere,' unlels he himfelf had limited it and hewed how far it reach’d : And that he neans here paternal Authority in that arge Extent is plain from the immediate bllowing word s 3 Tins Subjection of Chil- Iren being, fays he, the Fountain of all legal Authority, p.12. The Subjection, then hat in the former Line, he lays , every Man f in to his Parents , and confequently what 4 dam?s Grand Children were in to their Parents, was that which was the Foun- :ain of all Regal Authority , i. e. According :o our A-s Abfolute, Unlimitable Authori¬ ty, and thus Adams Children had Regal Authority over their Children, whilft they :hemlelvcs were Subje&s to their Father, and Fellow Subjects with their Children But let him mean as he pleales, 7 tis plain ne allows Acjams Children to have Paternal Power, p. 12. as all other Fathers to have Paternal Power over their Children, O. 156. From whence one of thele two things will necelfarily follow, that, either Adams Children even in his life time, had, and fo all other Fathers have, as he Phrales it, p. 17. By Right of Fatherhood Royal Au¬ thority ■ over their Children , or elfe, that Adam by Right of Fatherhood had not Royal Authority: For it mud be that Paternal Power does, or does not, give Royal Au¬ thority to them that have it: If it does ~ t; f\ not, C 92 ) not, then Adam could not be Sovereign by this Title, nor any body elfe,and then there is an end of all our A ’s Politics at once •) If it does give Royal Authority ^ then every one that has Paternal Pomr has Royal Authority , and then by our A-t Pa¬ triarchal Government, there will be as many Kings as there are Fathers. 71. And thus what a Monarchy he hath fet up, let him and his Difciples condder. Princes certainly will have great Reafon to thank him for thefe new Politics,which fet up as many Abfolute Kings in every Country as there are Fathers of Children, and yet who can blame our A- for it, it lying unavoidably in the way of one dif- courfing upon our A-s Principles * For having placed an Abfohite Power in Fathers by Right of Begetting , he could not eafily rdolve how much of this Power belong’d to a Son over the Children he had begot¬ ten $ And To it fell out to be a very hard matter to give all the Power, as he does,to Adan *, and yet allow a part in his Life time to his Children, when they were Pa¬ rents, and which he knew not well how to deny them, this makes him fo doubtful snhis Expredions, and fo uncertain where to place tins Abfolute Natural Power, which he calls Fatherhood 5 fometimes^ Adam alone has it all, as/. 13. O. 244, 2 4 ' Some- ( 93 ) Sometimes Parents have it, which word carce fignifies the Father alone, p. 12,19. Sometimes Children during their Fathers life tirre, asp. 12. Sometimes Fathers of Families , as p. 78, and 79. . -d' Sometimes Fathers indefinitely,©. 155. Sometimes the Heir to Adam, 0 . 253. Sometimes the Pofieritj of Adam, 244. 246. ' .. „ t ; Sometimes prime Fathers , all Sons or Grand Children of Noah, O. 244. Sometimes the Eldefl Parents , p. 12. Sometimes all Kings, p. 19. Sometimes all that have Supream 1 Power, 0 . 245. • ■ Sometimes Heirs to thofe firjl Progenu tors.) who were at firjl the natural Parents of the whole People , p. 19. Sometimes an Elettive King, p. 23. Sometimes thole whether a few or a Mul* titude that govern the Commonwealth , p. 23. Sometimes he that can catch it, an Dfitr- I per,p. 23.0.155. 72. Thus this new nothing , that is to carry with it all Power, Authority and Go¬ vernment $ This Fatherhood which is to jo defign the Perfon and Fftablilh the Throne of Monarchs, whom the People are to obey, may,according to Sir Robt. come c?o into any hands, any how, and fo by his Politics give to -Democracy Royal Au-r thority, and make an Ufurper a lawful Prince. And if it will do all thefe fine Feats, much good do our Author and all his Followers with their omnipotent Fa¬ therhood , which can ferve for nothing but to unfettle and deftroy all the lawful Go¬ vernments in the World, and to Eftablifhi in their room Diforder, Tyranny ; furpation. CHAP. Vlf 73. T N the foregoing Chapters we have j| leen what Adams Monarchy was, in our A—s Opinion, and upon what Titles he founded it: And the Foundations which he lays the chief ftrels on, as-thole from which he thinks he may beft derive Monarchical Power to future Princes, are two, viz,. Fatherhood and Property , and therefore the way he propofes to remove the Abfurdities and Inconveniences of the Doctrine <0 95 ) Doffrwe of Natural Freedom, is, to tnam¬ ain the Natural and Private Dominion of Adam, 0 . 222. Conformable hereunto le tells us the Grounds and Principles of Government, necejfarily depend upon the 0- iginal of Property, O. 108. 7 he $. if eel ion f Children to their Parents is the Fountain f all Regal Authority , p. 12. And all Power n Earth is either derived or ufurped from he Fatherly Power , there being no ether 0 - iginal to be found of any Power whatfoever, ). 158. I will not ftand here to examine low it can be faid without a contradi&i- >n, that the firfl Ground and Principles of Government necejfarily depend upon the Ori- inal of Property, and yet, that there is no ther Original of any.Power whatfoever, but hat of the Father : It being hard to un~ lerftand how there .can be no other Ord¬ inal but f atherhood , and .yet that the Founds and Principles of Government cle- tu d upon the Original of Property? Property nd Fatherhood being as far. different as ,ord of a Manner and Father of Chil- ren, nor do I fee how they will either of hem agree with what our. A- fays, 0 . 44. of Gods Sentence again{t Eve, Gen. 11 . l 6.7 hat it is the Original Grant of Go* 'eminent, fb that if that were the Origin¬ al, Government,had not its Orignal by uvA-s own ConfefTbn, either From Pro - * - • ' A * • * * 1 4- - f * rasa . ’ ’ ' ' * ; perty cm perty or Fatherhood, and this Text which he brings as a proof of Adam** Power! over Eve heeeflarily f'ontradifh what he fays of the Fatherhood, that it is the Sole Fountain of all Poorer i for if Adam had any fuch Fir gal Power over Eve , as our si - contends for j it rnuft be by fome o» ther T itle then that of begetting. . 74. But I leave him to reconcile thefe Contradiriions as well as many others, which may plentifully be found in hi n byj any one, who wilt but read him with a little Attention, and (hall come now to confider how thefe two Originals of Go¬ vernment, Adam* s Natural and Private Dominion will confift and ferve to make out and Eftablilh the Titles of Succeed¬ ing Monarchs, who, as our^— obliges them, muft all derive their Power from thefe Fountains. Let Us then fuppofe A- dam made by Gods Donation Lord and foie Proprietor of the whole Earth,, in as large and ample a manner, as Sir Robt. could with, let us fuppofe him alfb by Right of Fatherhood Abfblute Ruler over his Chil- dren with an unlimited Supremacy, I ask them upon Adam* s Death what be¬ comes of his Natural and Private Domi¬ nion,^ nd I doubt not, ’cwill be anfwered, that they defcended to his next Heir, as our A* tells us in fevefal places, but that cannot ( 97 ) • _ , innot poflibly convey both his Natural id Private Dominion to the fame Perlon^ >r (hould we allow that all the Propriety, l the Eftate of the Father ought to rfcend to the Eldeft Son, which will :ed fome proof to Eftablifh it, and fo ; have by that Title all the Private dominion of the Father, yet the Fathers r atural Dominion , the paternal Power mnot defcend to him by Inheritance:, for ring a Right that accrews to a Man only 7 begetting , no Man can have this natural cminion over any one, he does not gef, unlels it can be fupposM that a Man n have a Right to any thing, without ring that upon which that Right is foie— -founded. For if a Father by begetting^ id no other Title has Natural Dominion r er his Children, he that does not beget • em cannot have this Natural Dominion . er them, and therefore be it true or ffe, that our A— fays, 0 . 156. That every an that is born by his very Birth becomes nibjecf to him that begets him , this uecef- ily follows, vi%. .1 hat a Man by his rth. cannot become a Subject to his Bro- er who did not beget him, unlels it can fupposM that a Man by the very fame tie can come to be under the Natural d Abjohtie Dominion of two different sn at once, or it be Senfe to fay, that a H - , Mart • ( 98 ) 1 Man by Birth is under the Natural Dam nibno/t his Father only, becaufe he beg: him, and a Man by Birth alio is und< the Natural Dominion of his Eldeft Br< ther, though he did not beget him. 75. If then ’ the Private Dominion < Adam , his Property in the Creatures d< fcended at his Death all entirely to h Eldeft Son, his Heir 5 (for if it did n< thefe is prefently an end of all Sir Robi Monarchy and his Natural Dominion * tl Dominion a Father has over his Childrc by begetting them, belong’d equally t all his Sons who had Children by tl fame Title their Father had,it immediat ly upon Adams Deceafe y the Sovereign! founded upon Prbperty.and the Sovereigi ty founded upon Fatherhood , come to t divided, fince Cain as Heir had that 1 Property alone, Seth and the other So; that of Fatherhood equally with him. Tb is the beft can be made of our A-s Do&rir and of the two Titles of Sovereignty b fets up in Jdam, one of them will eithi fignifie nothing, or if they both mu Hand they can ferve only to confound tl Rights of Princes, and diforder Goven ment in his Pofterity; for by buildin upon two Titles to Dominion, whic cannot defcend together, and which 1 allows may be leparated,for he yields ths C 99 ) ' f / {dams Children had their deftindf Territories y Right of Private Dominion, 0 . 2to. p. ;p. He makes it perpetually a doubt upon iis Principles where the Sovereignty is, >r to whom we owe our Obedience,fince fatherhood and Property are diftinft Titles, r.d began orefently upon Adams Death obein diftintt Perfons, And which then vas to give way to the other? 76. Let us take the account of it, as le himfelf gives it us. He tells us out cf drotim , that Adams Children by Donation dlfignation or jbme kind of CzJj.on before he vas dead had their diftinci Territories by dtght of private Dominion , Abel had hie Flockt and Paflures for them, Cain had ns Fields for Corn and the Land of Nod there he Built him a City, 0 . 210. Here £is obvious to demand which of thefe :wo af r er Adams Death was Sovereign, 'Cain (ays our A, p . 19. By what Title? fis Heir for Hens id progenitors , who were natural Parents of their People , are not only Lords of their own Children , but aljo of their Brethren , (ays our p- 19* What was Cain Heir to? not the entire Poiielii- ons, not all that which Adam had Private Dominion in, for our A- allows that Abel by a Title derived from his Father, had his difl’nbd Territory for Pafhtrc by Right bf Private Dominion, what then Abel had ? Private Dominion , . was..exempt from. tf 2 tains / V ( ,100 ) Cains Dominion, for he could not ha? Private Dominion over that, which wa under the Private Dominion of anothej and therefore his Sovereignty over hi Brother is gone with this Private Domini on, and fo there are prefently two Sove reigns and his imaginary Title of Father hood is out of doors, and Cain is no Prince over his Brother, or elfe if Cain retail his Sovereignty over Abel notwhhftand ing his Private Dominion, it will follow that the fir[i Grounds and Principles of Go¬ vernment have nothing to do with Pro¬ perty whatever our A- fays to the com trary$ ’Tis true, Abel did not out-live his Father Adam , hut that makes nothing to the Argument which will hold good againft Sir Robt. in Abels Iffue, or in Sethi or any of thePofterity of Adam, not de¬ fended from Cain. 77- The fame inconvenience he runs into about the three Sons of -Voah, who as he fays, p. 15, had the whole World divided amongjl them by their Father, 1 a k then in which of the three Hull we find the Efla- blifhment of Regal Power after Noahs Death, If in all three as our A— there feems to fay : Then it will follow that Regal Power is founded in Property of Land and fob lows Pnvate Dominion, and not in pater• nal Power or natural Dominion , and fo there is an end of paternal Power as the Fountain, ( 101 ) ■*« > i A . •. •**»*■ u ^ A V« I .4 (V | m 4 oimtain of Regal Authority, and the fo luch magnified Fatherhood quite vanifhes. F the Regal Power deicended to Shem as lldeftand Heir to his Father, then Noahs 'iivifion of the World by Lot to his Sons or is lo Tears fay ling ahot the mediterranean o appoint each Son his part , which our A- ells of, p. 15. was labour loll, his Divifion i the World to them, was to ill or to no urpofe, for his Grant to Cham and Japhet /as little worth if Shem notvvithftanding his Grant, as foon as Noah was dead, vas to be Lord over them. Or, if this }rant of Private Dominion to them over heir afligned Territories were good, here «eefet up two diftlnft forts of Power,rot Jubordinate one to the other with all ho/e inconveniences which he mufters up gainft the Power of the People. 0 . 158. and vbich 1 fhall let down in his own words inly changing Property for People. All f 9 ow r on Earth is either derived or ; f rped rom the Fatherly Power, there being no other Original to be found of any Power ivhatfo - ver, for if there fhottld be granted two forts f Power without any S .bord/nation of one to he other jhey would be in perpetual (l rip, which ho aid be Suprcam, for two Snpreams cannot ’gree : If the Fatherly Power be Snpreaw , hen the Power grounded on Private Domi- tion muji be jitbordinatc and depend on it , H 3 and d C 102 ) and if the Power grounded on Proper^ he Supream, then the Fatherly Power mu\ jitbmit to it, and cannot he exercifed wiiho the Licence of the Proprietors , which muj quite deflroy the Frame and Courfe of A'< tu e. This is his own arguing againft twc dutintt Independent Powers, which Ihav< fer down in his own words, only putting Power riling from Property, for Powei of the People , and when he has anfwerec what he himfelf has urged here again! two diftinft Powers, we (hall be bettei able to fee how with any tolerable Senfe he can derive all Regal Authority fron. the natural and Private Dominion of Adam from Fatherhood and Property together which are dilfind Titles that do not ai ways meet in the fame Pcrfon, and ’ti: plain by his own Confeffion , prefently fe perated as (bon both as Adams and NoaL Death made way for Snccei'Iion 5 Though our A - frequently in his Writings jumble! them together, and omits ' not to make pfc of either, where he thinks it will found beft to his purpole, but the Abfur- dities of this will more fully appear in the next Chapter, w here we (hall examine the ways of conveyance of the Soveriegnty of Adam, to Princes that were to Reign after him. ; ' • f ~ . - • * * ; • *- > c T * a •- ' * * ■' \** , 4 ’# ‘ ; " . * * A * • > * » - ‘ ' CHAP . ' > » • . * a ( ) CHAP. vnr. Of the Conveyance of Adams Sovereign Mo¬ narchical Power. 78. OR. Rob. having not been very Ol happy in any Proofs he brings for the Sovereignty of /- 4 dam , is not much more fortunate in conveying it to future Princes, who if his Politics be true, molt all derive their Titles from him; The ways he has afligned, as they lye fcatter d up and down in his Writings, I will fet down in his own Words , In his Preface he tells u , that Adam being Monarch of the whole World , none of his Pojlerity had any right to pojfejs any thing, but by t.is Gra^t or Permijjion , or by Succeffion f ont him , here he makes two ways of convey¬ ance of any thing ,Adam flood poflefled and thofe are Grant or Sue cefion. All Kings either are , or are to be , reputed the next Heirs to thofe firjl Proginetors , who were at fir[i the natural Parents of the whole People r p. 19. There cannot be any multitude cj Men whatfoever , but that in it, confdtr d by it felf, there is one Man amongji them , that in nature hath a right to be the King of all the rejl , as being the next Heir to Adam , 0 . 255. Herein thefe places Inheritance Jr : h 4 t I 104 is the only way he allows of, conveying Monarchical Power to Princes , 0. i« All Power on Eirth is either derived or fro™ the Fatherly Power, O. 158. Ad Kings that now are , or ever were , are or were either Fathers of their People,orthe Heirs offhch Fathers or Uftrpers of the ri^ht of peb Fa,hen, 0 . 2 53. And here he makes Inheritance or Lf/rpation, the only ways whereby Rings come by this Original Powers But yet he tells us, this Fatherly Em. pre, as it was of its felf Hereditary,; f 0 it ivas amenable by Patent, and finable by an Ofurper, 0 190. So then here Inheritance, Grant or Ufu r p at i° n w iU convey it 5 And lafr of all, which is moft admirable he he tells us, p ,00. It skjls not which way Kings come by their Power, whether by Betti- on Donation, Snccejjion , by any other means, for it is Hill the manner of the Go¬ vernment by S pream Power , that makes mem properly Kings, and not the means of obtaining their Crowns, which I think is a tull anfwer to all his whole Hypothcfis, anJ Dilcourfe about Adams Royal Au¬ thority, as the Fountain from which all Princes were to derive theirs 5 And he XT ‘ pa [ ed . the trouble of Speaking Hei™ N a r , he . does » U P an d down of Heirs and Inheritance, if to make anv one P, oper/y a King , needs no more but Governing ' ( io 5 ) joveming by Supream Power , and it mat - / ers not by what means he came by it. 79. By this notable wav, our A— may make Oliver as Properly King , as any one ?lfe he could think of 3 And had he had he Happinef to live under Maffanellos jovernment, he could not by this his >wn Rule, have fbrborn to have done domageto him, with O King live for ever, ince the manner of his Government by Supream Power, made him Properly King, who was but the dav before. Properly a Fifher-man 5 And if Don Qnixot , had caught his Squire to govern with SupreatiP Authority, our A -• no doubt could have made a moft Loyal Subjedt, in Sancho Pan- cha s Ijland , and he muff have defeived fome Preferment in fuch Governments, fince I think he is the firft Politician, u ho pretending to fettle Government upon its true Baits, and to eftablifh the Thrones of lawful Princes ever tould the World, that he was Properly a King , whofe man¬ ner of Government was by Sapream Power , by what means foever he obtained it, which in plain Engli/l), is to fay, that Regal and Snpream Power, is properly and truly his, who can by any means ftize upon it, and if this be, to be Properly a Kwg, I wonder how he came to think of, or where he will -find, an Z)fir per. 80. This (to 6 ) • So. This is fo ftrange a Do&rin, that the furprize of it, hath made me pais by. without their due refle&ion, the contra¬ dictions he runs into, by miking fome. times Inheritance alone, fometimes only Grant ot Inheritance, fometimes only In¬ ker itance or Ufnrpation , fometimes all thefe three, and at la ft £ legion or any other means, added to them, the ways whereby Aslantt Royal Authority , that is, his right to Supream Rule, could be convey’d down to future Kings and Go¬ vernors, fo as to give them a Title to the Obedience and - Subjection of the Peo« pie, but theie contradictions lye io open, that the very reading of our A -s own words, will difcover them to any ordina¬ ry underftanding'} and though what I have quoted out of him, with abundance more of the fame Strain and Coherence which might be found in him, might well excufe me from any farther trouble in this Argument, yet having propofed to my lelf, to examin the main parts of his Do&rin, I fhall a little more particularly confider how Inheritance, Grant, Ufitrpa- tion, or Election, can any way make out Government in the World upon his Prin¬ ciples, or derive any lawful Title to any ones Obedience, from this Regal Authors ty of Adam, had it been never fo well N, i Tfe SB • C }°7 ) proved, that he had been Abfolute Mo¬ narch, and Lord of the whole World. + \ t 1 r - A CHAP. IX. ^ . f i Of Monarchy, by Inheritance front Adam. 81. nr Hough it be never fo plain, that J| there ought to be Govern¬ ment in the VV'orld, nay (hould all Men be of our A- s mind, that divine appoint¬ ment had ordained it to be Monarchical , yet fince Men cannot obey any thing, that cannot command, and Ideas of Govern¬ ment in the Phanfy, though never fo per¬ fect,' never fo right, cannot give Laws, nor prefcribe Rules to the Affions of Men $ It would be of no behoof for the fetling of Order, and Eftablifhment of Government in its Exercife and Ufe a- tnongfL Men, unlefs there were a way alio taught how to know the Perfon, to whom it belonged to have this Power, and Ex¬ ercife this 1 Dominion ever others. ’Fis in vain then to talk of Subje&ion and O- bedience, without telling us whom we are to obey 5 For were I never fo fully l perfwaded, that there ought to be Magi¬ stracy and Rule in the World, yet I am never the lefs at Liberty ftill, till ic ap- ' ’ pears ( 108 ) ' pears who is the Perfon, that hath Right to my Obedience, fince if there be no marks to know him by, and diftinguifh him, that hath Right to Rule from other Men, it may be my felf, as well as any other 5 And therefore though Submidion to Government be every ones duty, yet fince that dignifies nothing, but fubmitting to the Dire&ion and Laws of filch Men,! as have Authority to command, ’tis not enough to make a Man a Sub'eft.to con¬ vince him that there is Regal Power in the World, but there mufi: be ways ot designing, and knowing the Perfon to whom this Regal Power of Right belongs, and a Man can never be obliged in com fiience to fubmit to any Power, unlefi he can be fatisfied who is the Perfon, who has a Right to Exercile that Power over him. If this were not fo, there would be no difiindion between Pirates and Lawful Princes, he that has Force is J without any more ado to be obey’d, and Crowns and Scepters would become the Inheritance only of Violence and Rapin, Men too might as often and as innocently change their Governors, as they do their Phyfitians, if the Perfon cannot be known, who has a right to dire# me, and whofe Prescriptions, I am bound to follow 3 To fettle therefore Mens Confidences under f 109 ) . m Obligation to Obedience, ’tis neceffary that they know not only that there is a Power fomewhere in the World, but the Perfon who by Right is vetted with this Power over them. 82. How Succefiful our A— has been in his attempts, to fet up a Monarchical Ahfolnte Power in /Adam, the Reader may fudge by what has been already faid, but vere that Abfolute Monarchy as clear as )ur A- would defire it, as I prefume it s the contrary, yet it could be of no ufe o the Govrenment of Mankind now in he World, unlefs he alfo make out thele :wo things. Firjh That this Power of /Adam wis lot to end w ith him, but was upon his Deceafe conveyed entire to fome other 5 ei fon, and fo on to Pofterity. . Secondly, That the Princes and Rulers low on Earth, are poflefted of this Power f Adam, by a right way of conveyance ierived to them. , 83. If the fir ft of the fie fail,, the Power of Adam, were it never fo great,* never fo ertain,wiH'fignifie nothing to the prefent jovernment and Societies in the World, »ut we mutt feek out fome' other Origi- tal of Power tor the Government of Pott¬ y’s then this of Adam, or elle there will >e none at all in the World, if the latter wi /' ' fail 0 ) fail, it will deftroy the Authority of th< prelent Governors, and ablblve the Peo¬ ple from Subjection tojihem, fince they having no better a Claim then others tc that Power, which is alone the Fountain of all Authority, can have no Title to Rule over them. 1 84. Our , 4 - having Phanffed an Ab- lolute Sovereignty in Adani, mentions feveral ways of its conveyance to Princes;, that were to be his SuccefTors, but that which he cheiffy infills on, is, thaf of /#• heritance ,which occurs lb often in his feve- fal Dilcourfes, and I having in the foregoing Chapter quoted feveral of thels paflages, I (hall not need here again to repeat th^m, this Sovereignty be erefts, ashad been laid upon a double Fo'undat’* on, viz, that of Property, and that of Fatherhood one was the right he was fpp- poled to have in all Creatures, a right ro poffefs tne Earth with the Bealls,and other inferior Ranks of things in ir for his Private tile, exclufive of all other Men. The other was the Right he was fuppoled to have, td Rule and Govern Men, all the reft of Mankind. ^ 85. In both theft* Rights, there being fuppoled an exclufion of ail other Vlen, at muft be upon fome realbn peculiar to Adam, that they muft both be finin'* ded. , 1 ha ( MI ) That of his Property our A — fuppofes, to arife from Gods immediate Donation , Gen. x. 28. and that of Fatherhood , from the Aft of Begetting now in all Inheritance* if the Heir fucceed not to the reafon, upon which his Fathers Right was founded, he cannot fucceed to the Right which followed from it; For Example, S/dam had a Right of Property in the Creature?, upon the Donation and Grant of God Al¬ mighty, who was Lord and Proprietor of them all,let this be fo as our A- tell us, yet upon his death, his Heir can have no 1 itle to them, no fuch right of Property in them, unlefs the fame reafon, viz. Gods Donation , vefted a right in the Heir too, for if Adam could have had no Property in, nor ufe of, the Creatures without this pofitive Donation from God, and this Donation , were only Perfonally to Adam , his Heir could have no right by it, but upon his death, it muff revert to God the Lord and Owner again, for pofiiive [Grants give no Title farther then the ex- prds words convey it, and by which only it is held, and thus, if as our A-- himfelf contends, that Donation, Gen. 1. 28.were made only to Adam , per for ally his Heir could not focceed to his Property in the Creatures, and if it were a Donation to any but Adam , let it be (hewn, that it I- was was to his Heir in our As Senfe, t.e. to on of his CHil dren exclufive of all the reft. 86.But not to follow our A- too far oui of the way, the plain of the Cafe is this God having made Man, and Planted ir him, as in all other Animals, a ftrong defire of felf Prefervation , and furnifhed the World with things fit for Food and Pvavment, and other neceflaries of Life, S jbfervient to his defign, that Man fhouldj hve and abide for fbme time upon the the Face of the Earth, and not that fo curious and wonderful a piece of Work- rnanfhip by its own negligence, or want of neceffaries,fhould perifh again, prefently after a few moments continuance : God, 1 fav, having made Man and the World, thus lpokt? to him, (that is) dire&ed himj bv his Senfes and Heafon, as he did the inferi or Animals by their Senfe, and In- f’ inft which he had placed in them to that purpose, to the ufe of thofe things, which were ferviceable for his fubfiftence, and gave him the means of his Pre/ervation , and therefore I doubt not, but before thefe words were pronounced, t Gen. 2 8 . If they muft be underftood Litteraliy to have been fpoken, or without any fuch Verbal Donation , Mail had a right to a-life of the Creatures, by the Will and Gram of God, for the defire, ftrong ^ / - defire (”?) lelire of Prelerving his Life and Being, ■ aving been Planted in him, as a Princi¬ ple of /dion by God himfelf, Realon, : ->htch was the voice of God in him , could ict but teach him and allure him, that ’Urfning that natural Inclination he had o grelerve his Being,he followed the Will \f his Maker, and therefore had a right o make ufe of thole Creatures, which y his Rea (bn or Senfes he could dilcover, v I « / -muld be ferviceable thereunto, and thus •ans Property in the Creatures, was junded upon the right he had, to make fe of thole things that were neceffary, r uleful to hi being. 87. This being /the Realbn and Foun- ation of Adams Property , gave the lame “itle, on the lame Ground, to all his Ihildren, not only after his death, but 1 his life time, lo that here was no Privi* *dge of his Heir above his other Chil- ren, which could exclude them from n equal right, to the ule of the inferior features, for the comfortable Prelerva- ion of their Beings. Which is all the Pro - erty Man hath in them, and lo Adams overeignty built on Property , or as our /— calls it, Private Dominion comes to othing. Every Man had a right to the 'features, by the fame Title Adam had, by the right every one had to take J .. i care ( H4 ) * \ . • •• r , care of, and provide for, their Subfiftance, and thus Men had a right in common, yldcw :r Children in common with him. But if any one had began, and made himfelf a Property in any particular thing, (which hew he, or any one die, could do, (hall be (hewn, in another place) that thing, that pofleifion, if he difpos’d not otherwife of it by his positive Grant, defeended Naturally to his Children, and they had a right to fucceed to it, and poflefs it., . j . ; 88. It might reafonably be asked here, how come Children by this right of pof- 1 tiling, before any other, the Properties of their Parents upon their Deceafe, for it being Perfonally the Parents, when they dye, without actually Transferring their Right to another, why does it not return again to the common Stock of Mankind ? ’Twill perhaps be aniwered, that com¬ mon confent hath difpoled o( it to the Children.Common Prattice, we fee indeed does fo difpofe of it, but we cannot fay, that it is the common confent of Man¬ kind 5 for that hath never been asked,nor AftuaUy given, and if common tacit Confent had Eftabliih’d it, it would make but a pofitive and not natural Right of Children, to Inherit the Goods of their Parents: But where the Pradice is Uni- ' verfal, f •( ” 5 ) verlal, ’tis reasonable to think the Caufe is.natural. The ground then 1 think to be this f befirft and ftrongeft defire God. Planted in Men, and wrought into the yery Principles of their nature, being that of felf Prefervation, is the Foundation of a right to the Creatures for their parti¬ cular fupport* and ufe ot each individual perfon himlelf. But next to this, God Planted in Men a (hong dtfire alio of Propagating their Kind, and continuing themfelves in their pofterity, and this gives Children a Title, to (hare in the Property of their Parents, and a Peight to Inherit their Pofl'eflions, Men are not Pro¬ prietors of what they have rneerly for themfelves, their Children have a Title to part of it, and have their Kind of Right joyn’d with their Parent’s, in the Poilcffion which comes to be wholly theirs, when death having put an end to their Parents ufeofit, hath taken them from their Poffefiions, and this we call Inheri¬ tance : Men .being by a like Obligation* bound to preferve w hat they have.' begot¬ ten, as to .prefer ve themfelves, their iflue come to have a Right in the Goods they are poflelfed of. And that Children have fuch a Right is plain from the Laws of God, and that Men are convinced,, that Chil¬ dren have fuch a Right, is Evident from I 2 t e - . (<»«) the Law of the Land, both which Laws rc quire Parents to provide for their Childrei 89. For Children being by the courl of nature, born weak, and unable to prc vide for themfelves, they have by the z\ pointment of God himfelf, who hath tht ordered the courfe of nature, a right t be ncurifh’d and maintained by the Parents, nay a right not only to a bai Subfiftance, but to the conveniences at, comforts of Life, as far as the conditio of their Parents can afford it 5 And hen< it comes, that when their Parents lea^ the World, and fo the care due to the Children ceafes, the effe&s of it are to e tend as far as poffibly they can, ai the Provifions they have made in th< Life time, are underftood to be intend* as nature requires they (hould, for tht Child ren, whom after themfelves, th are bound to provide for, though t dying Parents, by exprefs Words, decla nothing about them, natur e appoints t the defcent of their Property to their Cfc dren, who thus come to have a Tit and natural Right of Inheritance toth< Fathers Goods, which the reft of Ms kind cannot pretend to. 90. Were it not for this right of bei nouriftied, and maintained by their I rents, whfeh God and nature has given ‘ • , Childr* I|l " (>U7 ) Children and obliged Parents to,as a duty* it would, be reafbnable, that the Fathejr Ihould Inherit the Eftate of ljis Son, and be prefer’d in the Inheritance before his Grand Child, for to the Grand Father, there is due a long Score of care and ex- pences laid out upon the Breeding and Education of his Son , which one would think in Juftice ought to be paid, but that having been done in Obedience to the fame Law, whereby he received Nourifhment and Education from hisown Parents, this Score of Education received from a Mans Father, is paid by taking care and providing for his own Children (is paid I fay, as much as is requir’d of payment by alteration of Property, un- lefs prefent necefiity of the Parents re¬ quire a return of Goods for their necef- wry Support and Subfiftance, for we are not now (peaking of that reverence, ac¬ knowledgment) refpeft and honour that is always due from Children to their Pa¬ rents, but of poffeflions and commodi¬ ty ties of Life valuable by Money;) But yet $his debt to the Children, does not quite cancel the Score due to the Father, but only is made by nature preferable to it ^ P for the debt a Man owes his Father, takes jplace and gives the Father a Right to In¬ herit the Sons Goods, where for want of i . WTuc C «8 )• j|l IfTue, the Right of Children doth not ex¬ clude that 1 itle. And therefore a Man having a Right to be maintain’d by his Children where he needs it, and to injoy alio the comforts of Life from them, when thenecdiary provision due to them and their Children will afford it, if his Son dye without Iffue, the Father has a right in nature to pofTefs his Goods, and Inherit his Eftate (whatever the Municipal Laws of fome Countries may abfurdly direft other wife,) and fo again his Children and their Iffue from him, or for want of fuch his father and his IfTue 5 Eut where no fuch are to be found, i. e. no Kindred there we fee the poifeflions of a Private Man, revert to the community, and fo in Politic Societies come into the hands of the public Magiffrate, but in the State oi nature become again perfe&ly common, no body having a right to Inherit them, nor can any one have a Property in them, otherwife then in other things common py nature, of which I fhall lpeak in its due place. 91* 1 have been the larger 3 in fhewing Upon what ground Children have a Right to faceted to the Poffeflion oftheir Fathers Properties, not only becaufe by it, it will appear, that if Adam had a Property C a Ti tu - ar infignificant ufelefs Property * ’ .( ii9 ) for it could be no better, for he was bound to nourifh and maintain his Uui- dren and Pofterity out of it) in the whole Earth and its Produft, yet all his Chi dren coming to have by the Law or na^ turn and Right of Inheritance a joynt . Title, and Right of Property in it alter his death, it could convey no right ut Sovereignty to any one ot his Poltenty over the reft, lince every •• one having a right of Inheritance to his portion, they might enjoy their Inheritance, or any part of it in common, or (hare' it, or lome parts of it, by Divifion, as it belt liked them, but no one could pretend to the whole Inheritance, or any Sovereignty fuppofed to accompany it, fince a right of Inheritance gave every one of the relr, as well as any one, a I itle to (bare in the Goods of his Father. Net only upon this account, I fay, have 1 been fo particular in examining the reafon of Childrens Inheriting the Property of their Fathers, but alfo becaufeit will give us farther Light in the Inheritance of Rule and Power, which in Countries where their particu¬ lar Municipal Laws give the whole Pof- letiion of Land entirely to the firlf Born, and Defcent of Power has gone lo to Men by this Cuftom, Ibme have been apt to be deceived into an Opinion, that there * . I 4 was was a Natural or Divine Right of Primo¬ geniture to both Ejlate and Porver 0 and that the Inheritance of both Rule over Men and Property in things, fprafig from the fame Original, and were to defend by the fame Rules. 92. Property, whole Original is from the Right a Man has to ufe any of the inferior Creatures, for the fubfiftance and comfort of bis Life, is for the benefit and iole advantage of the Proprietor, lb that he may even deftroy the thing, that he has Property in by his ufe of it, where need requires 3 But Government being for the Prelervation of every Mans Right and Property, by Preserving him from the Violence or Injury of others, is for the good of the Governed 5 For the Ma- giftrate Sword, being for a Terror to evil Deers , and by that Terror to inforce Men toobferve the pofitive Laws of the Society, made conformable to the Laws of Nature, for the Public good, i. e. the good of every particular Member of that Society, as far as by common Rules, it can be provided for •> the Sword is not given the Magiftrate for his own good alone. - - . . 93; Children therefore, as has been fhew’d, by the depend a nee they have on their Parents for Subfiftance, have a . .. . ■ 'Right (el 3 1 ) Right of Inheritance to their Fathers Pro¬ perty, as that which belongs to them for their Proper good and behoof and there¬ fore are fitly termed Goods, wherein the I firft Born has not a foie or peculiar I Right by any Law of God and Nature. His,and his Brethren#, being equally foun¬ ded on that Right they had to mainte¬ nance, fupport and comfort from their Parents, and on nothing elle 5 But Go¬ vernment being for the benefit of the Governed, and not the foie advantage of the Governors ('but only for theirs with the reft, as they make a part of that Politic Body, each of whole Parts and Members are taken care of, and dire&ed in their peculiar Fun&ion for the good of the whole, by the Laws of the Society,) cannot be Inherited by the lame Title, that Children have to the Goods of their Fathers. The Right a Son has to be maintained and provided with the ne- ceflaries and conveniences of Life out of his Fathers Stock, give? him a Right to fucceed to his Fathers Property for his own good, but this can give him no Right to lucceed alfo to the Rule , which his Fa¬ ther had over other Men} all that a Child has Right to claim from his Fathers is Nourilhment and Education, and the things nature furnilhes for the fupport ot Life? C 122 ) Life , but he has no Right to demand Rule\ or Dominion from him : He can fubfifi: and receive from him the Portion of good things, and advantages of Education na¬ turally due to him, without Empire and Dominionifthu t(if his Father hath any)was veiled in him, tor the good and behoof of others, and therefore the Son cannot Claim or Inherit it by a Title, which is founded wholy on his own private good and advantage. O. 94. We muff know how the fir ft Ruler, from whom any one claims came by his Authority, upon what ground any one, has Empire , what his Title is to it, before we can know who has a right to fucceed him in it, and inherit it from him 3 If the Agreement and Confent of Men firft gave a Scepter into any ones hand, or put a Crown on his Head, that alfo mufl: direct its defcent and converance 5 for the fame Authority,that made the firft a Law- ful/Wrr, muft make the Second too, and fo give Right of Succeffion 3 And -in this Cals Inheritance or Primogeniture, can in its lelf have no Right, no pretence, to it, any farther then that Confent, which Eftablifhed the Form of the Government, hath fo fettled the SucceRion 5 and thus we lee the SucceiTion of Crowns, in leve- ral Countries places it on different Heads, and () and he comes by right of Sncceffion, to be a Prince in one place, who would be a Subject in another. 95. If God, by his pofitive Grant and regaled Declaration, firftgave Rule and Dominion to any Man, he that will Claim by that Title, muft have the fame pofitive Grant of God for his Sncceffion } for if that has not dire&ed the Courfe of its defcent and convey¬ ance down to others, no body can fucceed to this Title ofthe firft Ruler, and hereto Children have no right of Inheritance^and Primogeniture can lay no Claim, unlefs God the Author of this Conftitution hath fo ordained it. Thus we lee the preten- fions of Sauls Family, who received his Crown from the immediate Appointment of God, ended with his Reign 5 And David by the fame Title that S. Gods appointment, fiicceeded in his Throne, to the exclufion of Jonathan, and all pretenfions of Paternal Inheritance. And if Solomon had a right to fucceed his Father, it muft be by fome other Title, then that of Primogeniture. A Cadet or Sifters Son, muft have the Preference in Succeffion, if jie has the fame Title the firft Lawful Prince had. And in Domi¬ nion that has its Foundation only in the pofitive appointment of God him 1 elf, T • • mnjamtn ( *24 ) Benjamin the youngeft, muft have the In¬ heritance of the Crown, if God fo direft as well as one of that Tribe hadthefirft Poffefiion. 9 6. If Paternal Rights the Aft of Be¬ getting , give a Man Rule and Dominion , Inheritance or Primogeniture can give no Title, for he that cannot fucceed to his Fathers Title, which was Begetting , cannot fucceed to that Power over his Brethren, which his Father had by Paternal Right over them, but I fhall have more to fay on this by and by. This is plain in the tnean time, that any Government whe¬ ther fuppofed to be, at firffc founded in Paternal Right, Conjent of the People , or the Pofitive Appointment of God himfelf which can fuperfede either of the other, and fo begin a new Government upon a new Foundation, I fay, any Government began upon either of thefe, can by Right of Sue- cefiiari come to thofe only, who have the Title df him, they fucceed to. Power foun- ded^em Contraft, candefcend only to him, wljK) has Right by that Contraft, Power founded on Begetting, he only can have Begets, and Power founded on the ppfitive Grant or Donation of God, he only can have by Right of Succeflion s io whom that Grant direfts it. 'V r , , V -•» V , ' ■ 97 - A>' ( m) * • . q 7» From what I have fa id, I think this a dear, that a Right to the ufe of the Creatutes,being founded Originally tn the Rjpht a Man has to lubfift and enjoy th~ conveniences of Lite, and the natural Right Children have to Inherit the goods of their Parents, being founded m the Right they have to the fame Subfiftance and Commodities of Life, out of the Stock of their Parents, who are therefore taught by natural Love and Tendernels to provide for them, as a part oi tfcem- felvcs, and all this being only for the good of the Propr ietor or Heir 5 It can be no reafon for Childrens Inheriting ot Rule and Dominion, which has another Original and a different end, nor can Primogeniture have any Pretence to a Right ot folely Inheriting either Proper- ty or Power, as we (hall in, its due place, fee more fully. Vis enough to have (hew d here, that Mam Property or Private Dominion, could not convey any Sovereign¬ ty or Rule to his Heir, who not having a Right to Inherit all his Fathers Poflef- lions, could not thereby come to have any Sovereignty over his Brethren, and there¬ fore if any Sovereignty, on account of his Property , had been vefted in Mam, which in 1 ruth there was not} yet it would have died with him. * f _ „ . C 126 ) 98. As Adam's Sovereignty, if he had by vertue of being Proprietor of the ? whole World, had any Authority over Men, could not have been Inherited by any of his Children over the reft, becaufe they had all (Title to divide the Inheri¬ tance, and every one had a Right to a Portion of his Fathers Poffe (lions, fo neither couldAdant's Sovereignty by Right of Fatherhood , if. any fuch he had, de¬ fend to any one of his Children 5 for it being, in our A-s account, a Right ac¬ quired by Begetting to Rule over thofe he had begotten, it was not a Power pofbble to be Inherited, becaufe the Right being confequent to, and built on, an Aft perteftly Perfonal, made that Power fo too, and impoflible to be In¬ herited for Paternal Power, being a na¬ tural Right, ariiing only from the rela¬ tion of Father and Son, is as impoflible to be Inherited as-the relation it ielf, and a Man may pretend as well to Inherit the conjugal Power, the Husband, whofe Heir he is, had over his Wife, as he can to Inherit t he Paternal Power of a Father over his Children 5 For the Power of the Husband being founded on Con¬ tract, and thevPower of the Father on Begetting, he may as well Inherit the Power obtained by the conjugal Con¬ trail C 12 7 ) tratt, which was only Perfonal, as he may the Power obtained by Begetting, which could reach no farther then the Perlon of the Begetter ,unlefs begetting can be a Title to Power in him, that does not beget. . £9. Which makes it a reafcnable que- fiion to ask, whether Adam dying before Eve his Heir, Tuppofc Cain or Seth Should ' have had by Blight of Inheriting Adam's Fatherhood , Sovereign Power over Eve his Mother 3 for Adams Fatherhood , being nothing but a'Right he had to Govern ' his Children, becaufe he begot them, he ' that Inherits Adam's Fatherhood , inherits nothing even in our A— s lenfe, but the the Right Adam had to Govern his Children, becaufe he begot them, fo that the Monarchy of the Heir would not have taken in Eve , or if it did, it being nothing ,bnt the Fatherhood of Adam >. de¬ fended by Inheritance, the Heir mud have Right to Govern Eve , becaufe Adam begot her 3 For Fatherhood is no¬ thing elfe. r r ico. Perhaps it will be laid with our A~, that a Man can alien his Power over his Child, and what may be transfer’d by compaft, may be poffefied by Inheri¬ tance, I anfwer, a Father cannot Alien the Power he has over hisChild,he may perhaps S . to C 12 8 ) . - :] to fbrae degrees forfeit it, but cannoi transfer it, and if any other Man ar; uirc it, Ms not by the Fathers Grant,. but fome Aft of his own j For example, a Father, unnaturally carelels of his Child, (ells or gives him to another Man i and he again expoles him*! third Man finding him, breeds up cherifhes and provides for him as his own: I think in this Cafe, no body will doubt but that the greateft part of filial Duty and Subjection was here owing, and to be paid to, this Fofter-Father, and if any thing could be demanded from him, by either of the other, it could be only due to his natural Father, who perhaps might have forfeited his Right to much of that Duty comprehended in the command, Honour your Parents , but could transfer none of it to another, he that purchaled, and negle&ed the Child got by his Purchale and Grant of the Father, no Title to Duty or Honour from the Child, but only he a cquired it, who by his own Authority, performing the Office and Care of a Father, to the Forlorn and Perifhing Infant, made himlelf by Paternal Care, a Title to proportionable Degrees of Paternal Power. This will be more eafily admitted upon confideration of the nature of Paternal Power, for which I refer iny Reader to the 2 d Book. 101. C *2 9) ■ 101. To return to the Argument in hand, this is evident , That Paternal Power arifing only from Begetting, for in that our A — places it alone, can neither be transfer 1 d> nor inherited j And he that does not beget, can no more have Pa¬ ternal Power which ariles from thence, then he can have a Right to any thing Who performs not the condition, to which only it is annexed $ I f one thould ask by what Law, has a Father Power over his Children, it will be anfwered ho doubt by the Law of nature, which gives fuch a Power over them, to him that begets them 5 If one fhould ask likewife bywhat Law docs our As Heir come by a Right to Inherit, I think it would be anfwer’d by the Law of nature too, for I find not that our A — brings one word of Scrip¬ ture to prove the Right of fuch an Heir he lpeaks o£ why then the Law of na¬ ture, gives Fathers Paternal Power over their Children, becaufe they did beget them, and the lame Law of nature gives the fame Paternal Power to the Heir over his Brethren, who did not beget them whence it follows, that either the Fathe** has not his Paternal Power by begettin or elfe that the Heir has it not at all For ’tis hard to underftand how the La il 1 ‘ K • ' ■ '"‘c 120 of nature which is the Law of reafon, can'give the Paternal Power to the Pa? ther over' his Children, for. t 1 e only rea'l lon of Begetting* and to the fir ft borrij over his Brethren without this only rea- fhn, i. e. for no reafon at all, and if the Ekleft by the Law of nature can inherit thh Paternal 1 PbW*r, without the only reafbn that gives a Title to it, Co may the /oongeit as well as he, and a ftrangeras wcii as either, for where there is norea-* fon for any one, as there is nor, hut for him that begets, ail have an equal Title, am fure cur A ■ offers no reafon,and when env body does, we fhall fee whether it w ill hold or no. let. In the mean time ’tis as good Serife to fay, that by the Law of nature, a Man has Right to inherit the Property of another, becaufe he is of Kin to him, and is known to be of his Blood, and therefore by the fame Law of nature, an utter Stranger to 1 is Blood, hasRight to inherit hisEftate; As to fay that by the Law of nature he that begets them, h’as Paternal Power over his Children, and therefore by the Law of nature, the Hdr that begets them not, has this Pater- %jl Power over them 5 or fuppofing the Law of the Land gave Abfolute Power ' 5 V • over t C 1 ? 1 ) ver their Children, to fuch only who urfed them, and fed their Children lemfelves, could any body pretend, that iis Law gave any one who did no fitch ting, Abfbl.ute Power over thofe, who i‘ere not his Children. 103. When therefore it can be fhew’d, iat conjugal Power can belong to him latisnot an Husband, it will aifo I be- sve be proved, that our A-s Paternal ower acquired by begetting, may be iherited b.y a Son, and that a Brother as (eir to his Fatliers*Power, may have aternal Power over his Brethren, and y the fame Rule conjugal Power to, but 11 then, I think we may reft fat is fed, that le Paternal Power of Adam , this Sove- :ign Authority of Fatherhood , were there ay fuch, could not defeend to, nor be iherited by, his next Heir. Fatherly Power eafily grant our A- - if it will do him any ood, can never be loft, becaufe it will s as long in the World as there are athers,but none of them will have Adams aternal Power, or derive theirs from im, but every one will have his own, y the fame Title Adam had his, viz. by egettb/g, but not by Inheritance or Sue- dTion, no more then Husbands have leir conjugal Power by Inheritance from Idam 5 And thus we fee as Adam had no K 7 fmb C 132 ) filch Property, no fuch Paternal Power as gave him Sovereign Jurifdiftion over Man¬ kind , fb likewife his Sovereignty built upon either of thefe Titles, if he had any fuch, could not have descended to his Heir, but rnuft have ended with him, Adam therefore, as has been proved, be¬ ing neither Monarch, nor his imaginary Monarchy,hereditable, the Power which is now in the World, is not that which vvas Adams , fince all that Adam could have upon our f Princes, and fettle the Obedience of heir Subjects, by letting up an Hundred >r perhaps a Thouland Titles, if there >elb many Princes in the World, againffc my King now Reigning upon our A-s grounds, as good as his own. If this light of Heir carry any weight with it. Tit be the Ordinance of God as oujr A— eems to tell us,Q.244.muft not all be Sub- eft to it, from the higheft to thgloweft, ;an thofe who wear the name of Princes, vithout having the Right of being Heirs 0 Adam , demand Obedience from their iubjefts by this Title, and pot be bound o pay it by the lame Lavv > either Go- r ernments in the World are not to be K 3 claim’ C 134 ) claim’d and held by this Title of Adam. Heir, and then the ftarting of it is tt no purpofe, the being or not being A dams Heir fignifies nothing as to the fitie of Dominion: Or if"it really be as our A*, fays, the true Title to Go¬ vernment and Sovereignty, the fit ft thine to be done, is to find our this true Hen of Adam, feat him' in his I hrone, and ther all the Kings and Princes of the World come and refign up their Crowns anc! Scepters to hint, as things that belong nc more to them, then to any of their Sub, jeft-. r ■ ' ( io 5- For either this Right in nature, oi Aaams Heir, to be King over all- the Race or Men, (for altogether they make one Multitude) is a right not neeeffary tc the making of a Lawful King, and fa thv.te may be Lawful Kings without if. ana then Kings I itles and Power depend not on it, or elfe all the Kings in the World but one are not Lawful Kings, and 10 have no Right to Obedience, either tnis Titie of Heir to Adam is that where¬ by Kings hold their Crown?, and have a Right to Subje&ion from their Subjects, and then one only can have it, and the reft being Suhje&s can require, no Obe¬ dience from other Men, who are but tneir fellow Subje&s, or e fte it is not the . Title > * C 135 ) Title whereby Rings Rule, and hsve a Right to Obedience frcm their Subjeffs, and then Kings are Kings without it. And^ this Dream or the natural Sovereignty ot yJdams Heir is of no trie to Obedience and Government 5 For if Kings have a Right to Dominion, and the Obedience of their Subje&s who are not, nor can potiibly be, Heir- to /dam, what ufe is there of Inch a Title, when we are obli¬ ged to obey without it ? It they have not, we are difcharged oh our Obedience to them, for he that has no Right to com¬ mand, .I am under no Obligation toob y, and we are all free till our A— or any body for him, will fhew us Adams right Heir 3 If there be but one Heir of Adam t there can be but one Lawful Ring in the World, and no body in confcience can be obliged to Obedience, till it berefolved who that is; for it may beany one who is not known to be of a Younger Houle, and all others have equal Titles. If there be more then one Heir of Adam, every one is his Heir* and fo every one has Re¬ gal Power 3 for if two Sons can be Heirs together, then all the Sons are equally Heirs, and lb all are Heirs, being all Sons, or Sons Sons of Adam , betwixt thefe two the Right of Heir cannct ftand5 for by it either but one only Man, or all Men K 4 are ( 13 6 ) are Kings, and take which yeu pleale, it diffolves the Bonds of Government arid Obedience, fince if all Men are Heirs, they can owe Obedience to no body 3 if only one, no body can be obliged to pav Obedience to him, till he be known and his Title made out. C H A P. XL s • ' nMH V i 1 W I Who Heir } 106. TTHE great queftion which in JL Ages has difturbed Mari^- kind, and brought on them the greateft P art o ^ thole Mifchiefs which have ruin’d Cities, depopulated Countries, and dilor- dered the Peace of the World, has been riot whether there be Power in the World, nor whence it came, but who fhould have it; The fettling of this therefore be¬ ing* or no frnalier moment then the fe- curity of Princes, and the peace and welfare of their Eftates and Kingd >ms, a writer of Politics, one would think, (hould take great care in letling this point, and be very clear in it 3 For it this remain difpurable, ali the reft will be to very little purpole. And by drefling up Power with ali the Splendor and Temp- J tation C 137 ) tation Ab(oIutene(s can add to it, with- out (hewing who has a right to have it, is only to give a greater edg to Mans na¬ tural Ambition, which of it (elf, is but too apt to be intemperate, and to fet Men on the more eagerly to Scramble, and (o lay a lure and lading Foundation of end- lels contention and dilorder inflead of that Peace and Tranquillity , which is the bu(ine(s of Government, and the end of Human Society. . 107. This our A-- is more then ordi¬ narily obliged to do, becaufe he affirm¬ ing that 'the Alignment of , Civil Power , is by Divine inflitution , hath made tile con¬ veyance as well as the Power it (elf Sacred, (b that no Power, no confideration can divert it from that Perlbn, to whom by this Divine Right, it is afligned, no ne- ceflity or conn ivance can fubftitute ano¬ ther Perfon in his room. For if the Ajjignment of Civil Power be by Divine JnftiUttion and Adams Heir, he to whom it is thus sfjjigned, as we (ee in the fore¬ going Chapter, our A — tells us, it would be as much Sacriledge for any one to be King, who was not Adams Heir, as it ivould have been amongft the Jews , for any one to have been Priefl , who had not been of Aarons pofterity 5 For not only the Priefthood in general being by Divine • ‘ ~ Inflitution C I?8 ) Iitfiitiitton, tut the Ajpgumem of it to th< Sole Line and Pofteriry of Aaron, mad e it itnpouiok to be injoyM or excrcj'fed . y Iratr but - ‘ hofc Perfons » ho are the Offspring of Jon,,, wh ofe fucceffion therefore was carefully obferved, and by that !he Perfons who had a Right ,o the r ik , ifood certainly known. ig8 . Let ns fee then what eare our A~ has taken, to make us know who is this /*«• Who h Divine Inflation, has a Right to oe Kmg over all Men. The firk account of him we meet north is , p. 12 . m thefe words; This Subjection of Children ,, king the Fountain of all Regal Authority ,, by the Ordination of God himfelf; it follows , that Civil Power not only in general , is y Divine Injhtution , but even the Adlen- rnent of it jpecifically to the Eldejl Parents : Matters of fuch confluence as this is, mould be m plain words, as little liable •? Dou?ot or Equivocation, and I think if Language be capable of expreffing any thing deftinaiy and clearly, that of Kindred, and the feveral Degrees pfnearned cl Blood, is one $ It were there. fore to be wifh’d, that our A- had uled a little more intelligible expreffions here, tnat we might have better known who it is, to whom the Ajfgnment of Civil Pow¬ er, is made by Divine Jnjiitution, or at leaft ( 13 9 ) lead: would haye told us what he meant by ElJeft Parent t a for 1 believe if Land had been Affigned or Granted to him,and theEUefiParcnts of his Faniily,he would havethought it had needed an in¬ terpreter, and ’t would fcarce have been known to whom next it belong’d. 109. In Propriety of Speech, and cer¬ tainly Propriety of Speech is neceffary in a difcoiirfe of this nature, Eldcji Pa¬ rents fignifiesxither the Eldeft Men and Women that have had Children, or thofe who have longeft had lilue, and then our A -s aflertion will be, that thole fathers and Mothers who have been longeft in the World, or longeft Fruitful, have by Divine Inftitvtion, a Right to Civil Powers If there he anv abfurdity in this, our A— nuift anfwer for it, and if his meaning be different from my explication he is to be blam’d, that he would not fpeak it plain¬ ly 3 This I am fure. Parents cannot fig- nify Heirs Male nor Fddejt Parents , an Infant Child, who yet may fometimes be the true Heir s there can be but one. And we are hereby ftill as much at a iofs, who Civil Power belongs to, not- withftanding this S/jfignment by Divine Inftitntion , as if there had been no fuch Affignment at all, or our A— had faid nothing of it. This of Eldefl Parents ' C »40 ) *»■-! jS’"f. us ' nore “Ae dark, who b yDwim has a Right to Civil Power, then .ole who never heard any thing at all of H*r, or dclcent, of which our Zl~ is fo - will fave thcfe the labour who would look for him among!* the Race of Eruits, if any ftdi there were: but will very little contri- bure to the difcovery or one next Heir a- ‘ mongfr Men, though it make a fhort and eafy determination of the queftion about , defcent of Adams p v egal Power, by telling ns, that the Line and Posterity of jddam is to have it, that is, in plain Em. L/h, any one may have ir, fince there is no Perfcn living that hath not the 1 file of being of the Line and Pojterity of Adam and while it keeps there/ it keeps within our A-s limitation by Gods Ordinance. Indeed,19. he tells' us that fuch Heir ’s are not only Lords of their own Children, hut of their Brethren , whereby, and by the words following, which we fhall confider anon,be fee ms to insinuate that the Eldeft Son is Heir , but he no where/that 1 know fays it in dire# words, but by the in- ftances of Cain and Jacob that there fol¬ low, we may allow this to befo far hL Opinion concerning Heirs, that where ’ . there F ' f 143 ) here are diverfe Children, the Eldeft Son >as the Right to be Weir ; 7 hat Primo*^ ;eniture cannot give any Title to Paternal J cwer we have already fhew’d , That a : 2ther may have a natural Right to fbme ;ind of Power over his Children, is eafi- y granted, but that an Elder Brother has o over his Brethren remains to be proved, jpd or Nature has not any w here, that I mow, placed fuch jurijfdjaiOn in the firft 3orn, nor can Reafbn find any fuch na- ural Superiority amongft Brethren. The .aw of Mofe's gave a double Portion of the 3 oods andPcff flions to the Eldeft,but we ind not any where that, naturally, or by rods Inttitution, Superiority or Dominion rdong’d to him, and the inftances there rrought by our A-, are but Bender Proofs >f a Right to Civil Power and Domini- >n in the firft born, and do rather fhew he contrary. 112. His words are in the forecited dace : And therefore roe find God told -ain of his Brother Abel 5 His defire full e Subject unto thee , and thou [halt Rule 'ver hint. To which I anfwcr i° Thefe verds of God to Cain, are by many In- erpreters with great Reafon underftood n a quite different Senfe then what our 4 -- ufes them in 5 2 0 , Whatever was meant >y them it could not be, that Cain, as | Elder, pider, had a natural Dominion over Abet for the words are conditional.* If t hoi doeji well and fo perfonal to G/«, and whatever was figriified by them, did de- pend on his Carriage and not follow his Birth-right, and therefore could by no means be an Eftablifhment of Dominion in the fir born in general; for before M i n ad his * Territories by ^ 7 ^f te dominion, as our A— hi mi elf confers, 0. 210. which he could not have had to the prejudice of the Heirs i toe, if by aivine Infitution , Cain & Heir ^ e f p C t ®. ,n ^ er * t *d! his Fathers Dominion. thls ^ ere intended by God as the Charter of Primogeniture, and the Grant of Dominion to Elder Brothers in general, as fuch by flight of Inheritance,we might expect it fhould have included all his Brethren 5 for we may well fuppofe, Ad an, from whom the World was to be peopled iJ w !j r * ,I3e? that thefe were grown up to £ v.n 5 had more Sons, then thefe two whereas AM hin.felf is not fo much as named, and the words in the Origi- nai, can fcarce with any good conftru&i. on,be apply’d to him 5 4’Jt is too much to omld a Doftnn of fo mighty confequence upon fo doubtful and obfeure a place of scripture, which may be well, nay better, nnderftood m a quite d ifferent Senfe, and C145 ) b can be but an ill Prob£ being as doubt- ul as the thing to be proved by it, efpe- ially when there is nothing elle in Scrip- ure or Reafon, to be found that favours tr fupportsit. ' "> 115. It follows i p. 19. Accordfngtj then Jacob bought hit Brothers Birth-right , faac Bleffed him thus , be Lord over thy brethren, and let the Sons of thy Mother ow before thee , another inftance I take if, irought by our A— to evince Dominion lue to Birth-right, and an admirable one t is ^ for it muft be no ordinary way of eafoning in a Man, that is pleading for he natural Power of Kings, and againft 11 compact to bring for Proof of it, an xample where his own account of it, bunds all the right upon compafr, and bttles Empire in the Younger Brother, ■tnlefs buying and felling be no compaft 5 or he tells us, when Jacob bought his Bro¬ kers Birthright 5 But palling by that, et us confider the Hiftory it Iclf, vith what ufe our A— makes of it, and ve (hall find thele following miftakes a- >out it. - i°. That our /J - reports this, as if faac had given Jacob this Blefling, im¬ mediately upon his Purehafing the Birth- ight 5 for he lays, when Jacob bought, Ijaac VefTed kint, which is plainly otherwise k-< ' ' t / trt . ' ( hO in the Scripture, for it appears there wa; a diftance of time between, and if wt will take the Story in the order it lies it muft be no fmall diftance 5 All Ifaacs Sojourning in Gerar , afid Tranfa&ions with Abmelech , Grn. 2 6. coming be< tween, Kebefa being then Beautiful and conlequently young, but Ifaac when he Blefled Jacob , was old and decrepit $ And Efatt alio complains of Jacob, Gen. 27* 36- that two times he had Supplanted him, he toof away sny Birth-right , (ays he, and behold now he hath taken away my Blef fing a words,that I think, fignifies diftance of time, and difference of Adion. 2 °. Another miftake of our A—s, is, that he (uppofts Ifaac gave Jacob the Blef- fing, and bid him be Lord over his Bre¬ thren, becaufe he had the Birth right, for our A-- brings this example to prove, that he that has the Birthright , has thereby a right to be Lord aver his Brethren 3 But it is alio manifeft by the Text, that Ifaac had no confideration of Jacobs having bought the Birth right, for when he Bleb- led him, he considered him not as Jacob , but took him for Efw, nor did Efau un- derftand any fuch connexion between Birth-right and the Blejfing, for he fays, he hath Supplanted me thefe two times, he took away my Birth-right, and behold now he hath JL (i47) taken away my Bleffing, whereas had the lejfing, which was to be Lord over his rethren , belong’d to the Birth-right ,> Can could not have complain’d of this cond as a Cheat, Jacob having got no- iing» but what Efim had fould him, when ifould him his Birth-right , fb that it is ain, Dominion if thefe words fignifie , was not underftood to belong to the ! rth-right. fi ’ :j, 114. And that in thofe days of the itriarchs Dominion was not underftood • be the Right of the Heir, but only a eater Portion of goods, is plain from en. 21. 10. for Sarah taking Ifiaac to be sir, fays, cafi out this Bond woman and r Son , for the Son of this Bond-woman , 'll not be Heir with my Son, whereby could ( meant ; nothing, but that he fhould >t have a pretence to an equal fhare of j Fathers Eftate after his death, but )uld have his Portion prefently, and gone. Accordingly, we read, Gen. 25. 6 . That Abraham gave all that he had to Ifiaac , but unto the Sons of the Conns- ies which Abraham had , Abraham gave fits, and fient them away from Ifiaac his v, while he yet lived 5 That is, Abraham ving given Portions to all his other ns and lent them away, that which He If rderved, being the greateft part of L 2- , his ( >48 ) his fubftance, Ifaac as Heir PoffefTed af¬ ter his death, but by being Heir, hehac no Right to be Lord over his Brethren For if he had, why fliould Sarah defir< to rob him of one of his Subjects, hi Slaves , by defiring to have him fern away. /f .■ -rV. * j 115. Thus as under the Law, tht Priviledge of Birth right , was nothing but a double Portion, fo we fee that be fore Mofis in the Patriarchs time, fron whence our A- - pretends to take hi model, there was no knowledge, nc thought that Birth-right gave Rule o Empire, Paternal or Kingly Authority, t( any one over his Brethren, which if i be not plain enough in the Story of Ifaa and Ijhmael , let them look into 1 Qhron 5. 12. and there he may read thefe words Ruben was the fir(l Born , but for as much a he defiled his Fathers Bed , his Birth righ was given unto the Sons of Jofeph, the S01 of Jfrael , and the Geneology is not to b reckon’d after the Birth-right 3 For Judai prevailed above his Brethren , and of hit) came the chef Rsder , but the Birth-right tea Jofephs , and what this Birth-right was 'Jacob Rltfiing Jofeph-, Gen. 58. 22.telletl us in theie words, Moreover 1 have give) thee one Portion above thy Brethren , which. took\ out of the hand of the A'morite y wit) w ( 149 ) wy Sword and with my Bow , tvnereby it as not only plain, that the Birth-right was nothing but a double Portion, but the Text in Chron. is exprefs againft our A- s Dottrin, fhews that Dominion was no aart of the Birth, right, for it tells us ■hatjojephhad the Birth-right, but Judah :he Dominion 5 But one would think our A ~ were very fond of the very name )f Birth-right, when he brings this in- fance of yfacob and Eja;/^ to prove that Dominion belongs to the. Heir over his brethren. 116. i°. Becaufe it will be but an ill example to prove, that Dominion by 3 ods Ordination, belonged to the Eldeft Son, becaufe Jacob the Youngeft here tad it, let him come by it how he would } For if it prove any thing, it can only prove againft our that the Aftign- mnt of Dominion to the Eldeft, is not by Divine Inftitution , which would then be inalterable 5 For if by the Law of God, Dr Nature, Abfolute Power and Empire aelongs to the Eldeft Son and his Heirs, ~q that they are Supream Monarchs, and U 1 the reft of their Brethren Slaves,our A — gives us reafon to doubt, whether the Eldeft Son has a Power to part with it, co the prejudice of his Pofterity, fince he cells!'u?, 0 . 158. that in Grants and Gifts t L 3 that ,. v _ c «s°) that have their Original from God or nature, v n0 inferior Power of Man can limit, or makt Wy Law of Prefcription againfl them. iij. 2°. Becaule this place, Gen. 27. 29. brought by our A-- concerns not at all, the Dominion of one Brother over the other, nor the Subjection of Efa-t to Jacoby for ’tis plain in the Hiftory,that Efaa was never Subject to "Jacob, but lived a part in Mount Seir, where he founded a diftind People and Government, and was him kit Prince over them, as much as Jacob was in his ow ? n Family, The woras if one confider thy Brethren , and thy Mothers Sons in them, can never be onderftood literally of Efaa, or the s enonal Dominion of Jacob over him 5 for the words, Sons and Brethren , could not be ufed litterally by Ifaac, who knew Sfacob had only one Brother 3 And thcfe words are fo far from being true in a iitteral Senie, or Eftablifhing any Doniis nion in Jacob over Efau, that in the Story we find the quite contrary, for Gen. 3 2. Jacob Several times calls Lord, and .nrnidf his Servant, and Gen. 33* hebow- zd himjelffeven times to the ground to Efau, wnether^ hfau then were a Subjeft and Tafia I, (nay as cur vf— tells us, all Sub- jccls are Slaves) to fe'acob, and Jacob his Sovereign Prince by Birth right 3 I leave . fr t d the C *5* ) he Reader to judge and. believe if he ran, that thefe words of Jfaac be Lord over hj Brethren , and let thy Mothers Sons >ow down to thee , confirm’d Jacob in a Sovereignty over Efait, upon the'ac- rount of the Birth right he had got from lim. J • « . . . ■:> 118. He that reads the Story of Jacob ind EJau , will find there was never C 164 ) to Tome body after him, without naming hi* Seed, whereby it might be known,who that Ibme-body was, it would have been as good and ufeful an Alignment, to de- termin the Right to the Land of Canaan, as it wouid to the determining the Right of Crowns, to give Empire to Adam and his SuccelTive Heirs after him, without telling who his Heir is ; For the word Heir, without a Rule to know who it is, fignifies no more thenfomebody, I know not whom. God making it a Divine Infli¬ ction , that Men Ihould net marry thole who were near of ICin , thinks it not e-1 nough to lay, none of you {hall approach to any that is near of Kin to him , to uncover their Nakednefs , But Moreover, gives Rules to know who are thole near of Kin , for- biden by Divine lnflitution , or elfe that La w would have been of no ule, it being to no purpole to lay reftrainr, or give Pri- viledges to Men, in fuchgeneral Terms 9 as I the Particular Perfon concern’d cannot be known by 5 But God not having any where laid, the next Heir {hall Inherit all his Fathers Eftate or Dominion, we are not to wonder that he hath no where ap¬ pointed who that Heir Ihould be, for ne¬ ver having intended any fuch thing, never deligned any Heir in that Senfe,we cannot expedt he Ihould any where nominate, or appoint c 165 y ippoint any Perfbn to it,as we might,had it >een other wife,and therefore in Scripture, hough the word Heir occur, yet there is 10 fuch thing as Heir in our A —s Sence, one that w r as by Right of Nature to inherit ill that his Father had,exclufive of his Bre¬ thren, hence Sarah fuppofe^, that if Jflma- ’l Raid in the Houfe, to (hare in Abrahams Effate after his death, this Son of a Bond- woman, might be Heir with Ifaac and therefore fay , fhe cafl out this Bond wo- man and her Son , for the Son of thi\ Bond - woman flail not be Heir with my Son } But this cannot cxcufe our A-, who telling us there is in every Number cf Men, one who s Right and next Heir to Adam, ought to have told us what the Laws ofdefcent are, but having been fo fparing to inftruft us by Rules, how to know who is Heir, let us fee in the next place, what his Hifto- ry out of Scripture, on which he pretends wholly to build his Government, gives us^in this neceflary and Fundamental point. 1- 29 * Our A— to make good the Title of his Book, p. 19. begins his Hiftory of the defcent of Adams Regal Power, >.15. -In thefe words.- This Lord flip, which Adam by Command had over the whole World,and by Right defending from him,the patriarchs did enjoy was as large fee. How if - - M3 docs C ) A * doss he prove that the Patriarchs by de¬ scent did enjoy it? for Dominion of Iff and Death, fays he, we find Judah the Fa¬ ther pronounced Sentence of Death againft Thamer his Daughter-in Law for playing the Harlot , p. 13.How does this prove that Ju¬ dah had Abfo-ute and Sovereign Au-j thority, He pronounced Sentence of Death} The pronouncing of Sentence of Death is not a certain mark of Sovereignty, but ufuaSly the Office of Inferior Magiftrates. The Power of making Laws of Life and Death is indeed a mark of Sovereignty, but pronouncing the Sentence accor¬ ding to thofe Laws may be done by others, and therefore this will but ill prove that he had Sovereign Authority, as if one fhould fay. Judge Jefferies , pro¬ nounced Sentence of Death in the late Times, therefore Judge Jefferies , had So¬ vereign Authority : But it will be faid, Judah did it not by Commifiion from a- nother, and therefore did it in his own Right. Who knows whether he had any Right at all, heat of Pafllon might carry him to do that which he had n6 Authori t v to do. Judah had Dominion of Life ana , Death , how does that appear ? he exer- cifed it, he pronounced Sentence of Death a \ainfi Thamer,our 'A— thinks it very good Proof that becaufe he did it, therefore ht « (167) had a Right to do it} He lay with her alio : By the fame way of Proof, he had a Right to do that too, if the confequence be good from doing to a Right of doing, Abfalon too may be reckon’d amongfi our A -s Sovereigns, for he pronounced luch 1a Sentence of Death againft his Brother jfmnon, and much upon a like occalion, and had it executed too} if that be fuk ficient to prove a Dominion of Life and 1.Death. | , . . y t;! 1 But allowing this all to be clear De- monUration of Sovereign Power, who war it that had this f^ordfkip by Right c-.e- funding to hint from Adam, as large And ample as the abjoint ef Dominion of .Any -Mo¬ narch/ Judah.fays oor A-, fadah a young¬ er Son of "Jacob, his Father and Elder Brethren living, fo that if our A—s own Proof be to be taken, a younger Brother may in the Life of his Father and Elder Brothers, by Right ofdefcent , enjoy Adams Monarchical Power, and if one fo quali¬ fied maybe .Monarch by defeent, i know not why every Man may not, and if fn~ dab, his Father and Eider Brother living wete one of Adams Heirs, I know not who can be excluded from this Inherit ranee, all Men by Inheritance may bg Monarchs as well as Judah. •f • >r ' m 4 130. Touch* C I £8 ) 130. Touching War, we fee that A- braham Commanded an Army of 218. Souldiers of his own Family, and Efau met his Brother Jacob with 400 Men at Armes 5 For matter of Peaces Abraham made a League with jdbimelccb, &c. p. 13. f it poffible for a Man to have 318. Men in his Family, without being Heir to Adam? A Planter in the Weft-Indies has more and might if he pleated (who doubts)Mufter them up and lead them out againft the Indians , to teek Reparation upon any Injury received from them, and all this without the Abfolute Dominion of a Monarch , defending to him from Mam. Would it not be an admirable Argument to prove, that all Power by Gods Inftitu- tion ciefcended from jAdam by inheritance, and that the very Perfbn and Power of this Planter were the Ordinance of God, becauft he had Power in his Family over Servants, born in his Houte, and bought with his Money 5 For this was Juft jfbra- hams Cafe : Thote who were Rich in the Patriarchs Days, as in the ffis'P Indies now, bought Men and;Maid Servants, and by their increate as well as purcha* fmg of new, came to have large and nu¬ merous Families, which though they made ute of in War or Peace, can it be thought die Power they had over them was an ' ' " ' / • Inheritance ( i *9 ) Inheritance defcended from Adam, when ’twas the Purchafe of their Money > A Mans Riding in an expedition againft an Enemy, his Horfe bought in a Fair would be as good a Proof that the owner enjoy'd the Lordjldp which Adam by Command had over the whole World , by Right depending to him , as sfl>rahams leading out the Servants of his Family,is that the Patriarchs enjoy’d this Lcrafhip by defcent from Adam fince the Title to the Power, the Matter had in both Cafes, whether over Slaves or Horfes, was only from his pur¬ chafe ; and the getting a Dominion over any thing by Bargain,and Money is a new way of proving cne had it by Defcent and Inheritance. 131. But making War and Peace are marks of Sovereignty , Let it be fo in Poli¬ tic Societies, may not therefore a Man in the Weft'Indies who hath with him Sons of hiso vn Friends, or Companions, Soul- diers under Pay, or Slaves bought with Money, or perhaps k Bahd made up of all thefe,make Wat and Peace,if there fhould be occafion, and rat9fie the Articles too with an Oath, without being i Sovereign, an Ab¬ solute King over - thofe who Went with him j he that fays he cannot, mutt then allow many Matters of Ships, many Pri¬ vate Planters to be Abfolute Monarchs, for f C 170 ) . for as much as this they have done, Wa) and Peace cannot be made for Politic So cieties, but by the Supream Power oj fuch Societies, becaufe War or Peace giving a different Motion to the force oi fuch a Politic Body, none can make War or Peace, but that which has the directi¬ on of the force of the whole body,and that in Politic Societie is only the Supream Power. In voluntary Societies for the fi ne, he that has fuch a Power by conf.nt, may make War and Peace, and (0 may a fingle jVan for himfelf, the State of W m not confining in the number of Party/*??;, but the enmity of the Parties where tney have no Superior to Appeal to. 132. The aCfual making of War or Peace is no Proof of any other Power, .but oniypf difpofing thofe to ex rcife or ceafe Ads of enmity for whom he makes it, and this Power in many Cafes any one may have without any Politic Supremacy ; And therefore the making-of War Or Peace will not prove that every one that does fo is a Politic itUiler, much lefs a King, for then Commonwealths muft be Kings too, for they do as certainly make a „b4 ■ ^ t as Monarchical Govern¬ ments. •: ^ «■ » «i j 1 *** ■ i ; V 7 Cl B c ; Ci i . * c 133. But 1 * ( 170 153* But grant this a rnark^ of Sove¬ reignty in Abraham , Is it a Proof of the defcent to him* of Adams Sovereignty over the whole World? If it be, it will furely be as good a Proof of the defcent of Adams Lordjhip to others too. And then Common-wealths, as well as Abraham will be Heirs to Adam , for they make War and Peace y as well as he , If you fay that the Lordjhip of Adam, doth not by Right de- fcend to Common-wealths, though they make War and Peace, the fame lay I of Abraham, and then there is an end of your Argument^ ifyou ftand to your Argument, and lay thofe that do make War and Peace, as Common-wealths do without doubt, do inherit Adams Lordjhip , there is an end of your Monarchy, unlefsyou will fay, that Common-wealths by defcent enjoying Adams Lordjhip are Monarchies, and that indeed would be a new way, of making all the Government in the World Monarchical. 134. To give our A — the Honour of this new invention, for I confefs it is not I . . 1 * ‘ i * • # have firft found it out by tracing his Principles, and fo charged it on him, ’tis fit my ' Readers know that ("as abfur’d as it may feem) he teaches ithimfelf, p. 23. where he ingenioufly fays, In all King - do ms and Common-wealths in the •: World , c . w t \ ■■ whether • C i 72 j • ! whether the Prince be the Sup re ant Father oi tm People , or bat the true Heir to fuch a Fa- ther or corn to the Crown by Vfurpation or tmjon, or whether fom few or a Multitude Kjovern the Common-wealthy yet fill the An - iTfr^ *£** is i in r? n l one ' or in mm y* or if * t'jfe ts °*V and natural Authority cf StreamFather, which Right of Father¬ hood he often tells us , i s R egat md R , Monty 5 as particularly, p. 1 3 . the page immediately preceding this Jnftance of Mam. Th,s Regal Authority, he fays, tho.e that govern Common-wealths have, and if,t be true, that Regal and Royal Authority be tn thole that govern Com- inoi wealths it is as true, that Common- ♦vea ehs are govern’d by Kings, for if R e . gal Authority be m him that Governs, he that governs mult needs be a King and fo all Common weal hs are nothfng but dotvn right Monarchies, and then what need any more ado about the matter, the Governments of the World, are as they Ihould be, there ts nothing but Mo¬ narchy in it. This without doubt, was tne fureft way our A- could have found, to turn all other Governments, but Mo- narchical out of the World. ^ ut a *’ f hi s fcarce proves Abraham, to have been a King as Heir to Adam ; If by Inheritance he had been King, Lot, who -. ' ' was C *73 ) ivas of the fame Family, mutt needs have been his Subjed, by that Title before the Servants in his Fan.ily, but we lee they lived as Friends and Fquals, and when their Herd> Men could not agree, there was no pretence of Jurifdi&ion or Superi¬ ority between them, but they parted by conlent, Gen. 13. hence he is called both by Abraham , and by the Text Abrahams Brother, the Name of Friendlbip and E- quality, and not of Jurifdnttion and Au¬ thority, though he were really but his Nephew. And if our A — knows that Abraham was jLdams Heir, and a King, *twasmore it leems then Abraham himlelfL knew, or his Servant whom he fent a wo* ingfor his Son, for when he lets out the advantages of the Match, 24. Gen. 35. thereby to prevail with the Young-wo¬ man and her Friends. He lays, I am Abra¬ hams Servant t and the Lord hath Blejfed my Mafter greatly, and he is become great , and he bath given him Flock,s and Herds and Sil¬ ver and Gold,and Men-Servants and Maid- Servants, and Camels and Ajfes, and Sarah my Maflers Wife, bare a Son to my Mahler when fhe was old, and unto him hath he given all be hath. Can one think that a difcreet Servant, that was thus particular to fet out his Matters Greatntls, would have o- mitted the Crown Ifaac was to have, if he , , . , C*74) j he had known of any fach? Can it be ima- gm d he ftould have negleded to have tould them on fuch an occafion as this, that Abraham was a King, a Name well known at that time, for he had nine of them his Neighbours, if he or his Mafter had thought any fuch thing, the likelieft matter of all the reft, to make his Errand Succelsful > 156. But this difcovery it feems was releived for our A - to make 2 or 3coo Years after, and let him injoy the Credit ol it, only he fhould have taRen care that fome of Adams Land fhould have de¬ fended to this his Heir , as well as all Adams Lordfhip, for though this Lord- Ihip which Abraham ,if we may believe our A as well as the other Patriarchs,^ Right defending to oim did injoy , teas as lar^e and ample as the Abfolvtejt Dominion of any Monarch which hath been fince the Creation. Yet his Eftate,hi$ 1 erritones, his Domini¬ ons were very narrow and fcanty, for he had not the Pofleflion of a Foot of Land, till he bought a Field and a Cave of the Sons of Heth to bury Sarah in. ^137. 1 he inftance of Rfau joyn’d with this of Abraham , to prove that the Lord¬ fhip which Adam had over the whole World by Right defending from him the Patriarchs did injoy, is yet more plealant then the former C >7< ) , ' , brirfr: Efdiimct his Brother Jacob rcith lice Men at Arms He therefore was a Cing by Right of Heir to y&W, 4^0 ^rmM Men then however got together ( ire enough tc prove him that leads them :o be a K ng and Adams Heir. There have been Tor ies in 7re/^,(whatever there are Dther in Ccuntries/who would have thankt our A- for fo honourable an Opinion of them, efpecially if there had been no body near with a better Title of 500 Armed Men, to quefticntheir Royal Au¬ thority of 400: " I is a ftiame for Men to trifle fo, to fay no worfe of it, in foferious 1 an Argument: Here Efau is brought as a 1 Proof that Adams Lordfhip, Adams Jb- Jofute Dominion, as large as that of any Monarch defcended by Right to the Pa~ I triarchs , and in this very Chap. p. 19. Jacob 1 is brought as an inftance of one, that by Birthright was Lord over his Brethren 5 lb we have here two Brothers Abfolute Mo- narchs by the fane Title, and at the lame time Heirs to Adam •, The Eldeft Heir to Adam , becaufe he met his Brother with 400 Men, and the youngeft Heir to Adam by Birthright , Efau injoy*d the Lordfhip which Adam had over the whole World by Ri^ht defcending to him, in as large and ample manner , as the abfolnteji Dominion of any Monarch , and at the fame time, Jacob ■ ...« ! Lord C 170 Lord over him , by the Right Heirs have tc be Lords over their Brethren. Rifam tenea- tk, 1 never, I confefs, met with any Man of Parts fo Dexterous as Sir Robt. at this way of arguing 5 But ’twas his Misfor¬ tune to light upon Principles that could not be accommodated to the Nature of things and Human Affairs, ncr could be made to agree with that Conftitution and Order which God had fettled in the World, and therefore muft needs often clafh with common Senfe and Experi¬ ence. 138. In the next Se&ion, he tells us.* This Patriarchal Power continued not only till the Flood , but after it as the name Pa¬ triarchs doth in part prove. The word Patriarch doth more then in fart prove , that Patriarchal Power continued in the World as long as there were Patriarchs, | for ’tis neceffary that Patriarchal Power fhould be whiift there are Patriarchs, as it is neceffary there fhould .be Paternal of Conjugal Power whilft there are Fathers or Husbands 5 but this is but playing with Names. That which he would falla- cioufly insinuate is the thing in queftion to be proved,and that is that the Lordjhip which Adam had over the World, the flip- pofed Aofblute Univerfal Dominion of Adam by Right defending from him , the Patriarchs • , / Iff ) ■ 3 atriarchs did injoy : If he affirms filch an tbfolute Monarchy continued to the lood, in the World, I would be glad to ;novv what Records he has it from ? for I onftf I cannot find a word of it in my dbln: If bv Patriarchal Power, he means ny thing elfe, it is nothing to the matter a hand : And how the name Patriarch in mepirt proves, that thofe who are cal- ;d by that name, had Abfolute Monar- htcal Power, I contef, I do not fee,and iierefore I think needs no anfwer, till the irgument from it be made out a little lea rer. 159. The three Sons of Noah had the !/ orld, Jays oar A —, divided amongji them v their Father , for of them was the whole or Id overfpread, p. 14. The World might e overfpread by the Off fpring of A oaks ans, though he never divided the World nongft them j For the Ea*-th might be !eplcnijjed without being divided, all our /Argument here,therefore,proves nofuch ►ivifion. However I allow it to him, and len a^k, the World ' being divided a- origit them } which of the three was 'dams Heir-? If rfdanis Z.orcjhip, yd dams {anarchy, ltf/ flight defcenckd only to ieE'deft,then the other two could be but s SuhjeCts , his Staves ; It bv Riehe ft Tcende l to all three Brothers,by th6fame N* Right* t C 178 ) Right, it will delcend to all Mankind, and then it will be impoffible what he favs, p. 19. that Heirs are Lords of theit Brethren fhould be true, but all Bro¬ thers, and confequently all Men will be equal and independent, all Heirs tc Adams Monarchy, and confequently al’ Monarchs too, one as much as another But ’twill be laid Noah their Father divi¬ ded the World amongft them, fotbat out si— will allow' more to Noah, then he will toGod Almighty,forO. 211.he thought it hard, that God himfelf fhould give the World to Noah and his Sons, to the prejudice of Noah's Birth-right, his word* are, Noah was left Sole Heir to the World, why fhould it he thought that God would dif- inherit, him of his Birth-right, and makt him of all Alenin the World, the only Te¬ nant in Common with his Children, and yet here he thinks it fit, that Noah fhould dif- inherif Shem of his Birth-right, and di¬ vide the World betwixt him and his Bre¬ thren, fo that thb Birth-right , when cut A- pleafes, muff, and when he pleafes muft not, be lacred and inviolable. • 140. XiNoah did divide the World be¬ tween his Sons. and his Alignment of Do¬ minions to them were good, there is an end of Divine Inftkution, and all our A -s difeourfe of Adams Heir, withwhat- < loever \A_ , /r C *79) • oever he builds on it, is quite out of joors. The natural Power of Kings falls :o the ground s and then the form of the D ower governing, and the Perfon having hat Power,wilhbe all Ordinances of Man md not of God, as our/— fays, 0 . 254 For if the Right of the Heir be the Ordi¬ nance of God, a Divine Right, no Man, Father, or not Father, can alter it .• If it ae not a Divine Right, it is only Humane lepending on the Will of Man, and lb vhere HumaneInftitution gives if not,the irft Born has no Right at all above his kethren* and Men may put Government nto what hands, and under what form, hey pleafe. 14 1. He goes on ntofl of the civillefl A r a- Hons of the Earth, labour to fetch their Ori¬ ginal from fomc of the Sons or Nephews of Soak, p. 14. How many do raoft of the dvilleft Nations amount to, and who are hey, I fear the r Nephews. But if the Heralds and An- N 2 tiquaries C 180 ) ' tiquaries of all Nations, for’risthefe Men generally that Labour to find out the Ori- 1 ginals of Nations, or all the Nations them- felvesfhould Labour to fetch their Origi- ! nal from fome of the Sons or Nephews of Noah what would this be to prove, that the Lord/hip which sldam had over the whole World, by right defended to the Patriarchs who ever, Nations, or Races of Men, la¬ bour tcfetch their Original from , may be concluded to be thought by them, Men^j of renown, famous to Pofterity, for the! greatnefs of their Vertues and Adions $ but beyond thefe they look not, nor confider who they were Heirs to, but look on them as fuch as railed themfelves by their own Vertu.e to a Degree, that would give a Luftre to thofe, who in future Ages, could pretend to derive themfelves from them. But if it were Ogygis, Hercules , BramafTam- berlain , Pharamond , nay Jupiter and Saturn beNan.es, from whence divers Races of '■Men, both ancient and modern, have la¬ bour’d to derive their Original, will that prove, that thofe Men enjoyed the Lord- Jhip of St dam, by right defending to them 5 if not, this is but a Flourifls of our J-s to miflead his Reader that in irfelf fignifies nothing, \ 142. Aftd\ therefore to as much pur- pofe, is, what he tells us, p. 15. concerning this ( 181 ) iis Divifion of the World, that fame fay was ky Lot , and others that Noah foil'd omd the Mediterranean in ten years , and 'tvided the World into Afia, Africfi and lurope, Portions for his three Sans. Jme~ iea then, it teems, was left to be his that ould cafeh it, why our A* takes fuch ainsto prove the Divifion of the World y Noah to his Sons, and will riot leave ut an imagination, though nobetterthen Dream, that he can find any where to avour it , is hard to guels, fince fuch a • yivifi.m , if it prove any thing, mu ft ne- eflarily rake away the Title of Adams leir, unlels three Brothers can altogether e Heirs of Adam \ And therefore-the- allowing words. Howfoever the manner of ns Dwifion be uncertain , yet it is mo ft rer¬ un the Divifion it ft If was by Families from $oah and his Children , over which the Pa~ tnts were Heads and Princes , p. 15. If low’d him to be true, and of any force ' a prove, that all the Power in the World nothing but the Lordfhip of Adams< de¬ ending by Right , they will only'prove, lat the Fathers of the Children, are all leirs to this Lordftiip of Adam 5 for if in tote days Cham and Japhet , and other arents befides the Eldeft Son were Heads nd Princes over their Families, and had- 1 fight to divide the Earth by Families, Kf ' ’ N 3 > what # ' ; C 182 ) , 1 what hinders Younger Brothers, being Fa* th rs of Families from having the feme Right, how Cham or Japhet were Princes by Right defending to him, notwith- ftanding any Tit'e of Heir in his Eldeft Brother, Younger Brothers by the feme Right defending to them are Princes now, and fo all our ^-s natural Power of Kings will reach no farther then their own Chil¬ dren, and no Kingdom by this natural right, can be bigger then a Family} For either this Lord/hip of Adam over therchole IVor Id Joy right delcendsonly to the Eldeft Son, and then there can be but one Heir,as our dhfeys,/\i9.or elfe;it by right defcends to all the Sons equally, and then every Father of a Family will have it, as well as the three Sons of Afoah, take which you will, it deftroys the prefent Government and Kingdoms that are now in the World, flnce whoever has this natural Poorer of a K,ing, by right defending to him, muft have it either, as our A- tells us, Cain had it, , and be Lord over his Brethren, and fo be alone King of the whole World, orelle as he tells us here, Shem, Cham and 'japhet had it,three Brothers,and lb be only Prince of his own Family, and all Families inde¬ pendent » ne of another 5 All the World muft be^rn y one Empire by the Right of the next Heir, or elfe every Family be a di* « ( * , , t ^ , lifting Government of it felf, by the 1 toraflnp of /fdants dcfcending to Parents of Families. And to this only tends all the "Proofs, he here gives us of the defcent of Adams Lordfhip •, For continuing his >tory of this defcent he lays y 143. In the difperfion of Babel, n>e mr-ji 'ertainly find the Ejlablifijment of Royal Pore. ?r, throughout the Kingdoms of the Wiorld y k 14. If you muft find it,pray do, and you will help us to a new piece of Hiftoryy 3ut you muft fhew it us before wc (hall ae bound to believe, that Regal Power was Eftablifhed in the World upon your Principles j for, that Regal Power was Eftablifhed in the Kingdoms of the Worlds [ think no body will difpute, but that - there fhould be Kingdoms in the World, whole feveral Kings enjoy’d their Crowns, by right defcending to them from Adam , that we think not only Apocrypha , but alio ut¬ terly impoffible, and if our A - has no better Foundation, for his Monarchy then a fuppofition of what was done at the difperfion of Babel : The Monarchy he ere&s thereon, whole top is to reach to Heaven to unite Mankind, will ferve on¬ ly to divide and fcatter them as that Tower did , wi produce nothing but confufion. IK* . ^ / s . * , 1 •%.' I f 6 % I •• N 4 ,144. Fo' . C 184 ) 1 M 4 - Eor he tel Is-us, the 'Nations they were divided into, j rere diftinft Families, which had Fathers for Rulers over them, whereby it appears that even in the con- fufion, God was careful to prejerve the Fa¬ therly Authority , by dtflriLuting ih> Diversity of Languages^ according to the Divcrfty of Families^ p. 14. it would have been a hard matter, ;or any o? e but our A - to have found out fo plainly in the Text, he here brings, that all tfie Nations in that rifppr- lion were governed by hat hers -.and thztGod wa - canpd to prejerze the l at her iy Authority i he w01 rIs of the I ext a i e: ' hefe are i-he Sons Ojfrtxx ape their Faml/e , ader their Tongues in their Z.ands^ after their Ah*tions. and the Fm e thing is laid of Chant and jophet. after ai . Enumeration of their PpOeriti $,in all there is riot one word faid or their Covtrncrs, or forms of Oovcinm* nt ;of Fathers , or Fatherly Authority . But our who is very quick lighted, to fpye oin 1 dihuhood^ where no body elfe could fee any the leaf! glimp/es of it,u 11s us pefi- tiv^ly tneir Ruler were Fathers , and God was-car fd to prejerve the Fatherly Authori- ty,znd why > becaufe thofe of the fame Fa- mily fpoke the fame Language, and fb of necefiity in the divilion kept together, julras if one fhouid argue thus, HanihaJ sn Ins Army, confiding bf divers Nation-, ■ ‘ ■ • kept ‘ ( l§5 ) tept thofe of the lame Language toge¬ ther, therefore Fathers were ' Captains jrf each Band, and Hanibal was careful of the r til her ly Ah ikority, or in Peopling of CarohttA, the Bngltfh, French; Scotch and Welch that are there, Plant themfelves to¬ other, and by them, the Country is di- Tided in their L ands after their Tongues , ' tfter their Families , after their Nations.\ that therefore care was taken of the Fa* iherly Authority, or becaufe immany parts ?f America, every little Tribe, was a di- liinft People, with a different Language, nne fhould infer, that therefore God vas careful to preferve the Fatherly Authority, nr that therefore their Rulers enjoy'd Adams Lordjhip by right depending to them , though we know not who were their Go¬ vernors, nor what their Form of Govern-- [Bent, but only that they were divided into little Independent Societies, (peak¬ ing different Languages. 145. The Scripture fays not a word of their .Ru’ers or Forms of Government, but only gives an account, how Mankind :ame to be divided into diftinft Langua¬ ges and Nations^and therefore ’tisnotto argue from the Authority of Scripture, to tell us pofitively, Fathers Were'their Ru¬ lers, when the Scripture fays no fuch thing, but to fet up Phanfies of ones own and C >80 Brain, when we confidently aver Matter of Fad, where records are utterly filent : arid therefore the fame ground has the reft that he fays, that they were not confufid Multitudes without Heads and Governors , and At liberty to choofe what Governors or Governments they pleafed. 14 6 . For I demand when Mankind were all yet of one Language, all congre¬ gated in the plain of Shinar , were they then all under one Monarch, who enjoyed the Lord/hip of Adam by right defending to him } If they were not, there was then no thoughts, ’tis plain, of Adams Heir , no right to Government known then upon that Title, no care taken by God or Man, of Adams Fatherly Authority : If when Mankind were but one People, dwelt alto¬ gether, and were of one Language, and were upon Building a City together, and when ’twas plain, they could not but know the Right Heir, for Shem lived till Jjaacs time, a long while after the Divifi- on at Babel 5 If then, I fay, they were not under the Monarchical Government of Adams Fatherhood, by right defcending to the Heir, ’tis plain there was no regard had to the Fatherhood , no Monarchy ac¬ knowledg’d due to Adams Heir , no Em¬ pire of Shems in Afe, and confequently no fuch Divifion of the World by Noah , K % (C i8 7,) as our .A-- has talked of! And as far as we can conclude any thing from Scripture in this matter, it feems from this place, that if they had any Government, it was father a Common-wealth, then an Abfo-. lute Monarchy * For the Scripture tells us, Gen. ii. they Jaid , ’twas not a Prince commanded, the Building of this City and Tower ’twas not by the command of one Monarch, but by the confultation of many, a Free People, let ns build us a City 5 They built it for themfelves as Free-men, not as Slaves for their Lord and Mafter, that we be not fcattered abroad,and for having a City once built, fixed Habitations to fettle their Bodies and Families. This was the confultation and defign of a Peo¬ ple, that were at liberty to part afunder, but defired to keep in one Body, and could not have been either neceffary or likely in Men tyed together under the 1 Government of one Monarch, who if they had been, as our A— tells us, all Slaves un¬ der the Abfolute Dominion of a Monarch, needed jiot have taken fuch care to hin¬ der themfclves, from wandering out of the reach of his Dominion, I demand whether this be not plainer in Scripture then any thing of Adams Heir or Fatherly Authority. 147*^ But ( iB3 J 147 - But if being, as God fays, Gen. 11. 6 . one People, they had one Ruler, one King by natural Right, Abfolute and Su- pfeam over them, what care had God to preftrve the Paternal Authority of the Su- pream Fatherhood , if on a fuddain, he fuf- fcrs72 (for fo many , our .4- talks of,) di- flwciNaUonfto be erefted out of it, un- der diftina Governors, and at once to- withdraw themfelves, from the Obedi- ciience of their Soveriegn. This “ i s to entitle Gods care, how, and to what, we pteafe, can it be Sei fe to Ay, that God was careiul to preferve Fatherly Authority in tbofe who had it not ? For if the A were Subje&s under a Supream Prince, what Anthomy had they, when at the fame time he takes away the true Supream Fa¬ therhood of the natural Monarch > can it be reafon to fay, that God for the Prefer- vation of Fatherly Authority , lets feveral new Goverments with their Governors Ifart up, who could not all have Fatherly sfuthority, and is it not as much rea/on to t! ; at God is careful to deftroy Father- y w £ e n he fuffers one who is in Pofteffion of it, to have his Govern. " 1^5 7™. ■“ P ie ces, and (hared by feveral of his Suoje&s > And would it not be an Argument juft like this, for Monarchical government to fay, when any Monarchy was i I , .. r 189) was (batter’d to pieces, and divided a- mongft revolted Subjects, that God was careful to preferve Monarchical Power, by rending a fettled Empire into a multi¬ tude of little Governments? If any one will lay that what happens in providence i to be preferved God is careful to pre/erve as a thing, therefore to be efteemed by Men as neceflary or ufeful, ’tis a peculiar Propriety of Speech, which every one will net think fit to imitate 5 but this I am fore is impoffible to be either proper, or true (peaking, that Shem for example (for he was then alive,) fhould have Fa¬ therly Authority , or Sovereignty by right of Fatherhood over that one People at Ba - hel , and that the next moment Shem yet living, 72 others fhould have Fatherly Authority , or Sovereignty by right of Fa¬ therhood over the fame People, divided into fo many diftinft Governments; either thefe 72 Fathers a&ually were Rulers, juft before the confufion, and then they were not one People, but that God bim- felf fays, they were a Commonwealth, and then where was Monarchy ? or elfo thefe 72 Fathers, had Fatherly Au¬ thority but knew it not. Strange ! that Fa¬ therly Authority fhould be the only Origi* nal of Government amongft Men, and* yet all Mankind not know it, and Stran^ I ger € Ipo ) get yet, that the confufion of Tongue^ ftiould reveal it to them all of a fuddain, that in an inftant thefe 72 (hould know, that they had Fatherly Power , and all o- thers know that they were to obey it in them, and every one know that particu-i lar Fatherly Authority to which he was a Sub- Jeft 1 , he that can think this Arguing from Scripture,may from thence make out what Model of an Entopia will beft fuit with his Phanfy or Intereft, and this Fatherhood thus difpofed of, will juftifie both a Prince who claims an Universal Monarchy, and his Suhjeds, who being Fathers of Families, lball quit all Subjection to him and Canton his Empire into lels Governments for themfelves 5 for it will always remain a doubt in which of thefe, the Fatherly Au¬ thority refided, till, our A - refolvcs us, whether S/b^who was then alive, or thefe 72 new Princes, beginning Co many new Empires in his Dominions, and over his Suojed, had right to govern, fince our tells us, that both one an tother had Fatherly, which is Supream, Authority, and are brought in by him as Inftances of thofe, who did enjoy the Lordfhips of Mara by right defending to them , which was as large and ample as the rfbfolutejl Dominion of any Monarch. This atleaft is unavoi¬ dable, that if God was. careful to preferve - >H - . the ( i9* ) the Fatherly Authority r, in the 72 new eretfed Nations , it neceffarily follows, that he was as careful to deftroy all pretences of A- dams Heir, fince he took care, and there¬ fore did preferve the Fatherly Authority infomany, at leaft 71, that could not poffibly be Adams Heirs, when the right Heir (if God had ever ordained any fuch Inheritance) could not but be known, Shem then living, and they being all one I People. 148. Nimrod is his next inftance of en¬ joying this Patriarchal Power, p> 16. but I know not for what Reafon our A-- feems a little unkind to him, and fays, that he again# Right enlarged his Empire , by Jeizing violently on the Rights of other Lords of Families 5 Thefe Lords of Families here were called Fathers of Families , in his ac¬ count of the difperfion at Babel, but it matters not how they are call’d, fb we know who they are, for this Fatherly Authority muft be in them,either as Heirs to Adam, and fo there could not be 72, nor above one at once, or elfe as natural Parents over their Children, and fb every Father will have Paternal Authority over his Children by the fame Right, and in as large extent as thofe 72 had, and fb be Independent Princes over their own -OfF-fpring, and his Lords of Families , thus ■A*. • ' underflood C '90 tlriderlfood 5 he gives its a very pretty ac¬ count of the Original of Monarchy, in the following words 5 And in this Senfi he may befaid to be the Author and Founder of Monarchy , viz. As againft Right Siz¬ ing violently on the Rights of Fathers over their Children, which Paternal Au¬ thority, if it be in them, by Right of Na¬ ture 5 (for elle how could thole 72 come by it) no body can take from them whh- out their own confents, and then I defire our A— and his Friends to confider how far this will concern other Princes, and whether it will not according to his con- clufion of that Paragraph, relblve all Re¬ gal Power of thofe, whole Dominions ex¬ tend beyond their Fatnilies, either into Tyranny and Usurpation, or Ele&ion and Conlent of Fathers of Families, which will differ veiy little from Conlent of the People. 149. All his (nffcances, in the next Sett7 on, p. 17. Of the 12 Dukes of Edom, the 9 Rings in a little corner of Afia in Abrahams days, the 31 Kings in Canaan deftroyed by Jofkua, and the care he takes to prove that thele Were all Sove¬ reign Princes, and that every Town in thole days had a King, are lo many dj- re& Proofs againfir him, that it was not the Lo'rdjhip of Adam by Right dejeertding ■ - to' a C *93 ) > them that made Kings:, for if they had eld their Royalties by that Title, either lere muft have been but one Sovereign ver them all, or elfe every Father of a amily had been as good a Prince; and ad as good a claim to Royalty as thele $ nr if all the Sons of Ejau^ had each of tiem, the Younger as well as the Eldeft, tie right of Fatherhood , and fo were So- ereign Princes after their Fathers Death, tie fame Right had their Sons a Per them, nd fo on to all Pofterity, which will li¬ nt all the natural Power of Fatherhood,' inly to be over the Iflue of their own od ies, and their defend ants which Pow- rof Fatherhood dies with the head of ach Family, and makes way tor the like fower of Fatherhood to take place, 1 irr ach of his Sons over their refpeQive oheriaes, whereby the Power of Father- mod will be prefrv’d indeed, and is in¬ eligible, but will not be at all to our 4 -i purpofe, nor are any of the inttances le brings Proofs of any Power they had >y Title of Fatherhood as Heirs of A- lam's Paternal Authority, nor by Vertue >f their own : For Adams Fatherhood be- ng over all Mankind, it could defend >ut to one at once, and from him to his - ‘ight Heir only, and fo there could by hat Title be but one King in the World. " O' . $6 C *94 ) 'I at a time $ And by Kightof Fatherhood not ddcending from £dam> it muft bi only as they themfelves were Fathers, art fo could be over none but their own Po fterity-,5 fo that if thole 12 Dukes of £ dom , of Abraham \ and 9 Kings his Neigh hours* If Jacob and Efitn and 31 King! in Canaan , the 72 Kings mutilated by A- donibejeck^ the 32 Kings that came to Be- naded, the 70 Kings of Greece matting War at Troy, were as our A- contends all of them Sovereign Princes. 7 f is evident that Kings derived their Power from foixie other Original then Fatherhood , fince fome of thefe had Power, over more then their own Pofterity, and ’tis Demonftra- tion, they could not be all Heirs to 4 - dam : For I challenge any Man to make any pretence to Power by Right of Fa - therkood , either intelligible or polfible in any one, otherwise, then either as Adams Heir, or as Progenitor over his own de¬ scendants, naturally fprung from him. And if our /i- could fhew that any one of thefe Princes, of which he gives us here fo large a Catalogue, had his Au¬ thority by either of thde Titles, I think I might yield him the Caufe, though ’tis manifeft they at e all impertinent and di¬ rectly contrary to what he brines them to prove, viz. That the hordftnp which Adam had C 195 ) . bad over the World by Right defended to the Patriarchs. 15c. Having told us, p.16. That the Patriarchal Government continued in Abras ham, lfaa cand Jacob, until the Egyptian Bondage , p. 17. he tells us, By manifefl Footfleps we may trace this Paternal Govern - ment unto the ifraelites coming into Egypt, where the exeretje of S pream Patriarchal Government was intermitted , beciuje they were in Suhjc&ton to a jlronger Prince , what thefe Footfteps are of paternal Govern¬ ment, in our A- Stnfe, i. e. of Abloluce Monarchical Powtr defending from A - dam , and exercifed by Right of Father* hood we have feen, that is for 2 290 Years no Footfteps at all, fincein all that time he cannot produce any one Example of any Perfbn who Claim’d or Exercifed Regal Authority by flight of Fatherhood , or (hew any one who being a King was Adams Heir 5 All that his Proofs amount to, is only this, that there were Fathers,- Patriarchs and Kings in that Age of the World, but that the Fathers and Pa* triarchs had any Afolute Arbitrary Pow¬ er, or by what Titles thole Kings had theirs, and of what extent it was, the Scripture is wholly filent, Vis maniteft by Right of Fatherhood they neither did, n„r O 2 eeuld C 196 5 * could claim any Title to Dominion and' Empire. 151. To fay, that the Exercife of Supream Patriarchal Government was intermitted , becaufe they were in Subjection to a jlronger Prince , proves nothing but what l before fufpe&ed, viz. That Patriarchal Jurif- diClion or Government was a fallacious ex- preflion, and does not in our A- fignifie what he would yet infinuate by it, Pater¬ nal and Regal Power , fuch an Abfolute Sovereignty as he fuppofes was in A'¬ dam. 152. For how can he fay that Pa- triarchical furifdiUion was intermitted in Egypt, where there was a King, under whofe Pvtgal Government the Ifraelitet were ? If Patriarchal were Abfolute Mo¬ narchical juriJdiSfion, and if it were not, but fomething elfe, why does he make fuch ado about a Power not in cjueftion, and nothing to the purpofe ? The Exer¬ cife of Patriarchal Jurifdiftion, if Pa¬ triarchal be Regal, was not intermitted whilft the Israelites were in Egypt. ’Tis true, the Exercife of Regal Power was not then in the hands of any of the pro- mifed Seed of Abraham, nor before nei¬ ther that I know, but what is that to the intermiffion of Regal Authority , as defen¬ ding j ( * 97 ) ding from Adam, unfds oar //- will have ic, that this chofen Line of Abraham, had the Right ot Inheritance to Adams Lord- fhip, and then to what purpofe are his inftances of the 72 Rulers, in whom the Fatherly Authority was preferved in the confufion at Babel of£i/8) Tear? after they were a People, and no! mention of their being Heirs to Adam, or Rings by Patt rnal Authority when they h?d them$ I expeded, talking fo much as! Re does of Scripture, that he would have produced thence a Series of Monarchs, whcfe Titles were clear to Adams Father - hood , and who, as M- iss to him,own’d and exerciled Paternal Jurifdiaion over their Subjeds, and that this was the true Pa- triarchical Government, whereas he nei¬ ther proves that the Patriarchs were King?, nor that either Rings or Patriarchs were Heirs to Adam, or ib much as pretended t° it S And one may as well prove, that the Patriarchs were all Ablolute Monarchs, that the Power both of Patriarchs, and Kings was only Paternal, and that this Power delcended to them from Adam, 1 lay all thefe Propofitions may be as well proved by a confuted account of a mul¬ titude of little Kings in the fVeft- Indies, out of Ferdinando Soto , or any of our late Hiftories or the Northern America , or by our A—s 70 Kings of Greece , out of Ho¬ mer, as by any thing he brings out of Scripture, in that Multitude of Kings he has reckon’d up. : | 154* And methinks he fhould have let Homer and his Wars of Troy alone, fince his great Zeal to Truth or Monarchy car- l ' • '/ ' - - ’ • ;; iJ 1 ' . ried / C 199) ed him, to fucha pitch of transport a- lintt Philofophers and Poets , that he tells i in his Preface, that there are too many in eje dayt, who pleafi them (elves in rming af- r the Opinions of Phibfiphers and Poet c, • find out fitch an Original of Government , r mi^ht promifi them fomeditle to Liberty^ > the great Scandal ofChrijli unity,and hring- ig in of Atheifin, Ard yet thefe Heathen hilofophers, Arifiotle and Poet Homer , re not rejected by our zealous Christian •olitician when ever they offer any thing, hat teems to terve his turn. But to return to his Scripture Hiftory, ear A- farther tells us, p. 18.that after the 'turn of the 'fraelites out of Bondage, God at of a fpecial care of them , chofe Mofes and ofhua Succeffively to Govern as Princes in be place and fiead of the Supreatn Fathers* fit be true, that they returned out of bondage St muff be into a State of Freedom i.nd muff imply, that both before and fter this Bondage they were Free, unlefs >ur A — will fay, that changing ot Matters, s returning out of Bondage, or that a Slave 'eturns out of Bondage , when he is removed rom one Gaily to another : If then they 'etumed out of Bondage , *tis plain that in rhote days, whatever our A- in his Preface ays to the contrary, there was difference between a Son. a SAjecd and a Slave , and I " ; ’ O 4 that C 200 .) that neither the Patriarchs before, nor their Rulers after this Egyptian Bondage, numbered their Sons or Subjelds amongjl their Poffejflons , and di (poled of them with as Abfolute a Dominion, as they did their other Goods. ' 155. This is evident in Jacob, to whom Reuben offered his two Sons as Pledges, and Judah was at la ft furety for Benjamins fafe return out of Egypt , which all had been vain, fuperfluous, and but a fort of mockery 5 If Jacob had had the fame Power oyer every one of his Family as he had over hisOx or his Afs, as an Owner over hi$t$«£« fiance , and the offers that Reuben or Judah made, had been fuch a Security for re¬ turning of Benjamin, as if a Man ftnuld take two Lambs out of his Lords flock, and offer one as fecurity, that he will (afely reftore the other. ' 15 6. When they were out of this Bon - dage,- what then, God out of a Special care of them,the Israelites. Tis well that once in his Book, ■ he will allow God to have any care of the People, for in other places he fpeaks of Mankind, as if God had no care of any part of them, but only of their Monarchs, and that the reft of the People, the Societies of Men, were made as lb many Herds of Cattle, only for the Ser¬ vice, Ufe and Pleafure of their Princes. • ' ; - r • , 157. Chofe ( 201 ) 157 * Chole Mofes. and Jofhuah Suceef- i.Svely to Govern as Princes, a (tire ud Ar¬ gument our A — has found out to prove (Gods care of the Fatherly Authority, and Adams Heirs, that here as an expreffion tof his care of his own People, he choofes t thofe for Princes over them, that had not tthe lea ft pretence to either Mofes of the Tribe of Zealand Jofhuah of the Tribe of • lEphrain f, neither of which had any l itle ipf fatherhood; But lays our A- they were i in the place and ftead of the Supream iFathers: If God had any where, as plainly i declared his choife cf fuch Fathers to be Rulers, as he did of Mofes and Jofeuab, we i might believe Mofes and Jofhuah were in i their place and jlead , but that being the i quKlionin debate, till that be better pro¬ ved, Mofes being chofen by God to be Ruler ofhis People, will no more prove that Government belong’d to Adams Heir or to the Fatherhood , then Gods choofing Aaron of the 1 ribe of Levy to be Prieft,will prove that the Priefthood belonged to A- danss Heir or the Prime-fathers? fince God could choofe Aaron to be Prieft, and Mofe.r Ruler in Ifrael, though neither of thole Offices, were let led on Adams Heir or . the Fatherhood. 158. Our c 2 02 y ' mimi 158, Oar A- goes on, and after them 1 hUm>L- for a time he railed up Judges, to I defend his People in time , of peril , p, 1 1 his proves Fatherly Authority to be the Original of Government, and that it de¬ fended from Mam to his Heirs,juft aswell as w 'bat went before, only here our j 4 - ftems to confefs that thefe Judges, who were all the Governors they then had, , were only Men of valour, whom they made ti.eir Gererals to defend them in time of F^ttl, and cannot God rails up fueh Men urlefs Fatnerhood have a Title to Govern¬ ment > • • t > * f J 59 * But ft vs our A-, when God gave foe Israelites Kings, he re-eftaWifhed the ancient and prime Right of Lineal Succef- fion to Paternal Government, p. 18. 160. How did Go 1 re-etiabliih it by a Law,a pofitive command > we find nofuch thing. Our /4 means then,that when God gave them a King, in giving rhem a King, he re ejtablifted the Rt^ht, &c. To re- eftablifh de facfo the B ight of Lineal Sues ceflfon to Paternal Government, is to put a Man in Poffeffion of that Government which his Fathers did enjoy, and he by Lineal Succeffion had a Right to} for firft, if it were another Government then what his Anceftors had, it was not focceediog to an Ancient Right , but beginning a 1 (. 203 ,) - ew one , for if a Prince fhould give a 4 an,befides his Ancient Patrimony, which or fbmeAges hisFamilyhad beendif-feired > L , an additional Fftate, never before in he Pofieffion of his Anceftors, he could lot be fa id tore-ejhibhfh the Right of Lineal Succeffion , to any more then what had oeen torrnerly enjoy’d by his A aceftors , f therefore the Power the Kings cf / frael aad, were any thing more then Ifaac or facob had. it was not the re ejlabliflring in :hem the Right of Succeffion to a Power, ?out giving them a new Power, however you pleale to call it Paternal or not, and whether Jfaac and Jacob had the fame Power, that the Kings of Ifrael had, I defire any one, by what has been above laid, to confider, and Ido not think they will find that either Abraham, Ifiac or Ja¬ cob, had any Regal Power at all. 161. Next, there can be no Re efiablifh- ment of the Prime and Ancient Right of Li¬ neal S: ccejjion to any thing, unlefs he that iis put in Poffifiion cf it, has the right to llfucceed, and be the true and next Heir to him he fucceeda to, can that be a Re- eftabliffiment, which begins in a new [Family, or that the Re-eflablifhment of an \. Ancient Right of Lienal Succeffion , when a • Crown is given to one, who has no Right i of Succeffion to it, and who if the Lineal L . I •’ ^ ' Succeffion r 204 ) Succefi*on bad gone on, had been out o all pombility of pretence to it? Saul the fiiuKmg, God gave the Ifraelites , was ol t he I" me of Benjamin^wais the Ancient and Prime Right of lined Succe.flon 'Re-cjiabli- P'ed ’m him.*? the next was David the Y.-'ungej} Son of j tejfe, of the Posterity of f'dab, Jacobs gd Son, was the Ancient and Prime Right of Lineal SucceJJion to Paternal] government Re*eJlablif?d in him? or in Solomon his Younger Son and Sue refi'or -in the Throne ? or in fcroboham over the ten Tribes ? or in Athaliah ? who Reigned fix Years an utter Stranger to the Royal Blood. If the Ancient and Prime Right of Lineal SucceJJion to Paternal Government , were Re-ejlablijh'd in any of thefe or their Posterity, The Ancient and Prime Right of Lineal SucceJJion to Paternal Government , belongs to Younger Brothers, as well a$ Eider, and may be Re*eftabli(h\J in any Man living, for whatever Younger Bro¬ thers by Ancient and Prime Right of Lineal SucceJJion , may have as well as the Fldcr, that every Man living may have a Right to, by Lineal Succeffion, and Sr. Robt. as well as any other. And fo what a brave. Right of Lineal Succeflion to his Paternal or Regal Government, our A-- has Re- eftablilh’d, for the fecuring the Rights and Inheritance of Crowns, where every ■ qn$ C 205 ) ne may have it, let the World con- er. 162. But fays our A- however, p. 19. ihenfocvtr . God made choice oj any Jpecial \rfon to he King y be intended that the ijjite dfo jhould have benefit thereof as being com¬ prehended fiijficiently in the Perfon of the Fathet\ although the Father was only named n the Grant. This yet will not help out >ucceflkm, for if as our A- fays, ‘the btne- it of the Grant be intended to the Iflue of die Grantee, this will not dirett the Suc¬ ceflion, fince, if God give any thing to a Man and his Ijfiue in general, the t laim cannot be to any one of that lffue in par¬ ticular, every one that is of his race, will have an equal Right , If it be laid our A— meant Heir. I believe our A- was as wil- ™ # ling as any Body to have uled that word, if it would have lerved his turn, but So¬ lomon who fucccded David in the Throne, being no more his Heir then Jeroboam , t who fucceeded him in the Government of 1 the ten Tribes was his iflue, our A- had 1 realon to avoid faying, that God inten- i ded it to the Heirs , when that would not I hold in a Succeflion, which our A- could mot except a gainft, and lo he has left his Succeflion as undetermin’d, as if he had faid nothing about it, for if the Regal Power be given by God to a Man and his lffue, C 2C5 ) TiTue, as the Land of Canaan was to A bra ham and his Seed, muft they not all havJ a Title to it, all (hare in it > And one niav as well fay, that by Gods Grant tc J'r ham and his Seed, the Land of Ca¬ naan was to belong only to one of hi* Seed exclufive of all others, as by Godj Grant of Dominion to a Man and his Ifpse^ this Dominion was to belong all to one of his Iflue exclufive of all o- thers. But how will our A- prove that whenibever God made choice of any fpe- cial Pedon to be a King, he intended that the (I fuppofe he means his) IfTue, alfo fhould have benefit thereof: Has he fa Coon forgot Mojes and JoJhua whom in this very Self/on, he fays, God out of a /pedal care choje to govern as Princes, and the Judges that God raifed up. Had not thefe Princes, having the Authority of the Sttpream Fatherhood, the (ame Power that the Kings had, and being (pecially chofen by God him/elf, (hould not their Iflue have the benefit of tHat choice as well as David or Solomon / If ihefe hacfthe Pater¬ nal Authority put into their hands imme¬ diately by God, why had not their Ijfae the ben fit of this Grant in a Snccefoon to thrs Power .fes,Jofhua and the Judges, as it was in David and the Kings, and was it inheritable in one and not in the other ? If it was not Paternal Authority, then Gods own People were {govern’d by thole that had not Paternal Authority , and thole Governours did well enough without,it: If it were Paternal Authority and God chole the Perfons that were to exercife it, our A-s Rule fails, that i vhenfoever God makes choice of any Perfon to he Snpreant Ruler (for I luppole the name King has no Spell in it ’tis not tthe Title, but the Power makes the diffe¬ rence) he intends that the Ijfite alfo fisould l have the benefit of it, lince from their com# ling out of Egypt to Davids time 400 Years, the Ifiue was never fo fujficiently 1 comprended in the Perfon of the Father, as 1 that any Son after the Death ot his Fa# ither, focceeded to the Government a- imongft all thcfe Judges that judged If rael $ If to avoid this, it be faid, God al- 1 ways chofe the Perfon of the SuccelTor, 1 and fo transferring the Fatherly Authority ' to him, excluded his Iflue from fucceed- 1 ing to it, that is maniteftly, not fo in the ! Story of Jephtha, where he Articled with ■:•••* • the ( 208 ) the People, and they made him Judge o' ver them, as is plain, Judg. u. ,J X S \ n va ’ n then .to fay, that whensoever God choofes any Special Per fin to have tte exerdfc of p jrnd AulhorH, C tor it that be not to be King, I defire to know the difference between a Kina and one haying the exercife of Paternal Monty} he intends the Iffue alfi (bould have the benefit of it, fince we find the Authority, the Judges had, ended with not to, their Iffue, and it the Judges had not Paternal M- thonty, I, fear it will trouble our A- ot* any of the Friends to his Principles,’ to tell who had then the Paternal Monty that is, the Government, and Supream Power amongft the Ifrdelites , and I fuf- peft they mufl: confefs that the chofen People of. God continued a People fede¬ ral hundreds of Years, without any Knowledge or Thought of this Paternal Authority , or any appearance of Monar¬ chical Government at all. % j I ^ 5 * To be Satisfied of this, he need but read the Story of the Levite , and the War, thereupon with the Benjamites , in the 3. la ft Chap, of Jud. and when he finds that the Levite appeals to the People for Juftice, that it was the Tiibes and the Congregation that debated, refolved and 5 ( 309 ) . , tid dire&ed all that was done on that oc- ifion : he muft conclude either that God 'as not careful to preferve the Fatherly Au- Mrity amongft his own chofen People, r el fe that the Fatherly Authority may be referved where there is no Monarchical iovernment •, If the latter, then it will )llow that though Fatherly Authority be ever fb well proved, yet it will not in- ;r a neceflity of Monarchical Govern- ient$ If the former, it will feem very range and improbable that God fhould rdain Fatherly Authority to be fo Sacred mongft the Sons of Men, that there could e no Power nor Government without it, nd yet that amongft his own People, e- en whilft he is providing a Government Dr them, and therein prefcribes Rules to ae leveral States and Relations of Men, bis Great and Fundamental one, this loft material and neceffary of all the reft lould be concealed, and lye neglected 400 If ears after. \ f ^ 1 k 166. Before I leave this,I muft ask how nr A- knows that vphtnfoeverGodmak.es boice of any fpecial Ptrfdn to be K-ing, he i ttends that the. Jff*e fJjould have the benefit hereof does God by the Law of Nature i Revelation' fay fo ? By the fame Law [ h' 'P j»V(o (*t° alfo he muft fay,which of his T^emuft en-j joy the Crown in Succeffion, and fo point out the Heir, or elfe leave his Tjjue to di¬ vide or fcramble for the Government: both alike abfurd, and fuch as will de- ftroy the benefit of fuch Grant to the Jjfue. When any fuch Declaration of Gods Intention is produced, it will be our Duty to believe God intends it fo, but till that be done, our A ~ muft fhew us fbme bet¬ ter Warrant before we fhall be obliged to receive him as the Authentic Reveler of Gods Intentions. 167. The Ijfue, fays our A—, is comprt* bended fufficiently in the Perfon of the Fa¬ ther, although the Father only was named in the Grant : And yet God when he gave the Land of Canaan to Abraham , Gen. 13. 15. thought fit to put his Seed into the Grant too, fo the Priefthood was given to Aaron and bis Seed * And the Crown God gave not only to David , but his Seed alfo: And however our A- affures us that God intends , that the Jjjite fhould have the benefit of it , when he ehoofes any Perfon to be King , yet we fee that the iingdom he gave to Saul, without men¬ tioning his Seed after him never came to any of his IJfue , and why when God chofe thole a Perfon to be King, he fhouid intend that his Jjpte fhouid have the bene¬ fit of it, more then when he chofe one t6 be Judg in Ijraet } I would fain know a realon $ or why does a Grant of Fatherly Authority to a King more comprehend the I flue, then when a like Grant is made to a Judge ? Is Paternal /4 greater me afore of love to me , then they have jy me, fyewed unto them'., my defire there¬ fore to be loved of my equals in nature , is much as pojfthle may be, impofeth upon me a natural Duty of bearing to themward , fully the like affection 3 From which relation of equality between our felves and them , that are as our felves, what feveral Rules and Ca¬ nons, natural reafon hath drawn for direction °f n0 Man is ignorant. Eccl. Pol. Li. r* It ■ ; 6 . But though this be a State of Liber¬ ty* yet it is not a State of Licence, though Man in that State have an uncontroleable Liberty, to difpofe of his Perfon or Pof- feffions, yet he has not Liberty to de- ftroy himfelfy or fb much as any Cfeature in his Poffeflion, but where fome nobler ufe, then its bare Prefervation calls for it. The State of Nature, has a Law of Na¬ ture to govern it, which obliges every one, and reafon, which isthat Law, teaches ah Mankind, who will but confult it y That being all equal and independent, no onfe ought to harm another in his Life, Health, Liberty or Poffefiions 3 for Men being all the Workmanlhip of one Omnipotent,’ (* 325 ) 3 and infinitely wife maker : All the Ser¬ vants of one Sovereign Matter, lent in¬ to the World by his order and about his bufineft. They are his Property, \ whole Workmarfhip they are made to I laft during his, not one anothers Pleafure^ < And being Furnifhed with like Facul¬ ties, (haring all in one Community of Nature, there cannot be fuppofed any fuch Subordination among us, that may Authorize us to deftroy one another, as if we were made for one anothers ules, as the inferior ranks of Creatures are for ours, every one as he is bound to preferve himlelf, and not to quit his Station willfully, lo by the like realbn when his own Prelervation comes not in competition, ought he as much as he can to preferve the reft of Mankind, and not unlcls it be to do Juftice on an offender, take a way, or impair the i the life, or what tends to the Preferva- !' tibn of the Life, the Liberty, Health, I Limb or Goods of another. 7. And that all Men may be reftrained from invading others Rights, and from (doing hurt to one another, and the Law of Nature be obferved, which wil- leth the Peace and Prefervation of all Man- ( 224 ) Mankind, the Execution of the Kw of Nature is in that State, put into every Mans hands, whereby every one has at Right to punifh the rranigreffors of that Law to fich a Degree, as may hinder Its Vitiation. For the LaW of Na¬ ture would, as all other Laws that con¬ cern Men in this World, be in vain, if ti.; e were ho body that in the State or Nature, had a Power to Execute that Law, and thereby preferve the innocent and refiftin offenders, and if any one Inf the State of Nature may punifh another, : for any evil he has done, every one may do fo. For in that State of perfect E- quality, where naturally there is no fu- periorityor jurifdi&ion of one over ano¬ ther, what any may do in Proportion of that Law, every one mufl: needs have a Right to do. 8 . And thus in the State of Nature, r one Man comes by a Power over ano¬ ther * but yet no Abfolute or Arbitrary Pdwer, to ufe a Criminal wheri he has got him in his hands, according to the pjffionate heats, or boundlefs extrava¬ gancy v of his own Will, but only to re- tribute to him, fb far as calm reafoil and confcience di&ates, what is proi portionate C 225 ) portionate to his Tran/greflion, which is lb much as may ft rye for Reparation and Reftraint. For thefe two are the only reafons, why one Man- may lawfully'do harm to another, which is thatPwci’caH punifbment. In trangteffing theXiw'of Nature, the Offender declares' himfelf to live by another Rule, then that of reafon and common equity^ which is that mealure God haa & To the ietl ons of Men, for their* rfiutual fecurity, and f) he becomes dangerous to 1 Man¬ kind, the tye, Which*is to fecure them from injury and violence, being flighted and broken by him , . which being a :refpafs againft the whole Species, and he Peace and Safety of it, provided for by he Law of Nature, every Man upon the core, by the Right he hath to prefcrve Mankind in general, may reftrain, or vhere it is neceffary, deftroy things’ toxious to them, and fa may bring fjch ivil on any one, who hath tranfgrefled hat Law, as may make him repent the loingofit, and thereby ’ deter him, 1 and >y his < Example others, from doitt£ i; the ike mifchief. And in this cafe, r M bp- »n this ground, every Man hath' a Right’ o punifh the Offender, and be Exccdti- «jer of the Law of Nature. i' Q- o.i hath not a Fowei igjinft it* as he fo¬ ie to require, I ie< :rates of any Cora- (r y *6 ). vdoubt not but this. >wM rancre Dhftfin tO iblDC M Tore .they ' _ ^e%|^^oiy^ tjiesjhy , jRr^nce t or. State - cap , put tp., peath, Qj I any,V jhe com- certain i$qr laws; by venue of^y.^anctioj to hP* nor is ;^i?pund to ;hear^n to them. The e .-Jfc'ho^, have the, .Suprea^p kihaiiaw^in England* JFrana , are ,tp, an India** but like g& 7 £ 3 f $ the ' withoui * * * 1 1 Tore if .by t.he Law* W» Agft ■ any munity,;ean punilivj.aA Alien of another (Country, fiace. in referenqe\,$o him. Ym$ have ;UQ r ,raoro ftSU svhijt^eyefy Mantmhrally may .have ov# 4 a 10 , Befidei 4 ( 227) ' io. Befits the Crime which con-., ifts in violating the Laws, £nd vary-' ng from the right Rule of reafori^ thereby a Man fo far becomes de- enerate, and declares birnfplf to quitr* jp Principles of Human Nature, and. ; iff^be a noxious Creatuir£ f r there is ommonly injury done, arid fame Per- pn or other, fame other Man, receive? ^image by his tranfgrdTion, in which ^aj[e he who hath received any da- nage, has befides the ftigfyt of punjfhr cent common t,o' h,infV.With other $en, a particular Right, to leek Ref >aration from him that has done it. Vnd any other Pcrfaq who finds it uft, mayalfo joyn with him that 'is njur’d, and afiift him iff. recoverinj rom the Offender, lb m.uch as m. nake fatisfa&ion for the harm he has jffer’d. * A «.* 4 ii. Fromthefe two diftinft Rights, he one of Punifaing the Crime for eftraint , and preventing the like )ffencc, which right of punifhing fe in very body j the other.of taking re¬ paration, which belongs only to the ijured party, conies it to pafs that the lagiftrate, who by being Magistrate, Q 2 haifh ■in 8 ) , i / • • » - i m * *■ * 4% ^ • -j ^ • • ,• hath the common right of punifhing put into his hands, can often where the public good demands not the Ex¬ ecution of the Law, remit the punifh- ment of Criminal Offences by his own Authority, but yet cannot remit the fatisfa&ion due to any Private Man, for the damage he has received. That, he who has fuffcred the damage has a Right to demand in his own name, and he alone can remit , The damni¬ fied Perfon has this Power of appro¬ priating to himfelf, the Good? or Ser¬ vice of the Offender, by Right ol ffclf Prefervation, as every M«< n has a power to punifh the Crime, to prevent its being committed again , by the Right he has of Preferving all Man¬ kind, and doing all reafbnable things, he can in order to that end: And thus it is, that every Man in the State ol Nature, has a Power to kill a mude- rer, both to deter others from doio£ the like injury, which no reparation can compenfate, by the Example of the punifhment that attends it from ever) body, . and alfo to fecure Men h on the attempts of a Criminal, whe having renounced reafbn, the commor i Rule and Meafure God hath given tc J - * Mankind \ V • r ( 229 ) Mankind, hath by the unjuft violence ind flaughter, he hath committed up* )n one, declared War againft all Mankind, and therefore may be de-> Vroyed as a Lion or a Tiger , one oft hofe wild Savage Beafts, with whom Men can have no Society nor Security: \nd upon this is grounded that great ^a w of Nature, who Jo Jheddtth Mans 3 lood, by Man Jball his Blood be Jhed* \nd Cain was fo fully convinced, that ;very one had a Right to deftroy uch a Criminal, that after the MuiV her of his Brother^ he cries our, ez/ery me that findeth me, jhall Jlay me, lb >lain was it writ in the Hearts of ill Mankind. . ; t . \ 4 . - , . • 1 2! By the fame reafon, may a Man in the State of Nature punifti the efier breaches of that Law $ It will >erhaps be demanded with death? I nnfwer each tranfgreflion, may be wn'tfhed to that Degree, and with o much Severity as will fuffice to nake it an ill bargain to the Offender, kive him Canle to repent, and terri* ie others from doing the like : Every Offence that can be committed in the itate of Nature, may in the State of tuantM Q. 3 Nature . 1 230). feature, be alfo punifhed, equally, and as far 'forthr'as it may, in a Common¬ wealth 5 for though it would be be- K % V*' -* -** y a > 1 ^ * fides my prefer# purpofe, to enter here ujjf ^ui. ^uiv.4 IU v.illl.1 liwlw into the particulars of the Law of Mature, or its meafures qF punifhment ^ yet, it is eeftaih there is fuch a Law and that too, as intelligible and plain to a rational Creature, and a Studier dfthat Law, as the pbfitive Laws of Common-wealths, hay poffibly plai¬ ner, 9 As much as reafon is eafier to be lioderftood, then the Phanfies and in¬ tricate Contrivances of Men, follow¬ ing contrary arid hidden interefts pUt into Words 5 For truly, fo are a gre^t part of the municipal LaWsOf Coun¬ tries, which are only fo far Right, as ■■are founded on the Law of Na¬ ture, by which they are to be regula¬ ted arid interpreted. 13. To this ftrange Dofrrine, viz. That in the State of Nature, every one has the Executive Power of the Law of Nature, I doubt not but it will be objected 5 That it is unreasonable for Men to be Judges in their own Cafes, that felf love will make Men partial to themfelves and their Friends. " And Inconveniences of the State of Nature* vvjiich muft certainly be Great, f where an Injury, will fearce be 10 jult as to condemn himfelf for it: But I (hall de¬ fire tnofe 'who make this Obje&ion, £o remember that Ab(olute Monarchs 5te btit Men, and if Government is to be the Remedy of thofe Evils, which necefi'arily follow from Mens being Judges in their own Cafes, and the State of Nature is therefore not to be enduted, I defire to know what kind of Government that i?, and how much better it is then the State of Na¬ ture, where one Man commanding a multitude, has the Liberty to be Judge in his own Cafe, and ma^ do to all his Subjeds whatever he' pleafes. Q 4 with- ;< J23.2 0 without the -leaft queftion? or controfe of thofe, who Execute his Pleafurc ? in whatfbeyer he doth, whether , reafbn,'jmifi:ake or pa {lion, muft be fubmitted to? Which Men in the State pf Nature are not bound to do one to. another. And if he that Judges, Judges amifs in his own, or any other Cafe, he is anfwerable for it, to the reft of Mankind. J H* ’Tis often asked as a mighty Objection, where are, or ever were, there any Men in fuch a State of Na¬ ture? To which it may fuffice as an anfwer at prefent s That fince all Princes and Rulers of Independant Go¬ vernments all through the World, arc in^a State of Nature, ’tis plain the World never was, nor never will be. Without numbers of Men in that State, I have named all Governors of Indepen* dent Communities whether they are, or are not, in League with others j For ’tis not every compatt, that puts an end to the State of Nature between Men, but only this one of agreeing to¬ gether mutually to enter . into one Community, and make one body Po¬ litic, other promifes and compa&s, Men ► t may Cm) DtHay make one with another,and yet flill be in the State of Nature. The protnifes t and bargains for Truck , &c. Between the two Men, in Soldaniayn or between, i a Swifs and an Indian , in the Woods of , America are binding to them, though i they are perfe&ly in a State of Nature, i in reference to one another for Truth, and keeping of Faith belongs to Men, as Men, and not as Members of So. ciety. i• 1 w O' 15. To thofe that fay, there were I never any Men in the State of Nature* II will not only oppofe the Authority 1 of the Judicious Hoohyr, Eccl. Pol. Li. i 1 Sefr. 10. where he fays ; The Lares 1 which have been hithert0 mentioned , i. e. 1 the Laws of Nature, do bind Men Ab- fiolutely , even as they are Men , although 1 they have never any ' fettled feUow(hip y 1 never any Solemn Agreement amongfl them- j Jelves what to do or not to dofiutfor as much 1 as we are not by our felves fiujficient tofitrnijh 1 our Jelves with competent flore of things , ji needful for fitch a Life , as our Nature < doth defire ; a Lije, fit for the dignity of Man , therefore to fitpply thofi defeffs and 1 imperfe&ions which are in us , as living 1 jingle and folely by our felves , we are’ naturally ( 2 34 ) * Fellowfhip with other s t this was the Cattje of Mens uniting thensfelljes , at firfi in Politic Societies. But I Moreover af¬ firm, that all Men are naturally in that State, and remain To. till by theft bvim confers, they make themfelves Mem¬ bers of fome Politic Society, arid t doubt not in the Sequel of this Di£ eburfe, to make it very clear. * ' r ; ’ O # '* - . —, i ti • i "?j *•? 1> t A 1 KV £ p> J f t • *4 * » :4 f 4 . r Jt 1 4' y «Vj 1 ti — _ — — rvi » 4 Ol \ ' rtf V* 4 - c •; l «' s< it- • < . i. v *i V. 41 31 ^ • i ** 1 \ ' tf>V d \'tXM ■ V * i- 4*1 ITi c * • .: % h jU *# -a x (^ 35 ) CHAP. III. 'X • • 4 ' - JL* f';\, r 9 ' * ; 4 ‘ • r ^ • % \ ; f* ^ * ' 1 ) . 0 / the State oj War. . . * «. * * 1 16. TTHE State of War is a JL State of Enmity and Deftrudtion y And therefore de¬ claring by Word or Adtion, not a paflionate and hafty, but fedate fetled Defign, upon another Mans Life, puts him in a State of War with him againft whom he has declared luch an Intention, and fo has expofed his Life to the o« thers Power to be taken away by him, or any one that joyns with him in his Defence, and efpoufes his Quarrel, it being reafonable and juft i fhould have a Right to deftroy that which threatens me with Deftru&ion 5 For by tire * • * ; Fun- 1 T' •. C230 y , ^ tal Law of Nature, to be preferved,as much , when all cannot be preferved, thefafety of the Inno¬ cent is to be preferred : And one may deftroy a Man who makes War upon him, or has difcovered an Enmity to his being for the fame Reafon, that he may kill a Wolf ora Lion, becaufe they are not under the ties of the Common Law of Reafon, have no other Rule, but that of Force and Vio¬ lence, and fo may be treated as a Beaft of Prey, thofe dangerous and noxious Creatures that will be fare to deftroy him, whenever he falls into their Power. 17. And hence it is that he who —. ‘ f 1 * ' » t attempts to get an other Man into his Ablolute Power, does there¬ by put himfelf into a State of War with him; It being to be underftood as a Declaration of a ’ Defign C 237vX > Defign upon his Life. For I havg r'eafon to conclude, that he who would get me into his Power without my Confent, would ule me as he pleafed when he had go t me there,and deftroy me too when lie had a phanly to it } for no bcif dy can defire to have me in his Abfolute Power, unlefs it be to compel me by force to that which is againft the Right of my Freedom, i. e. make me a Slave; To be free from fuch force, is the only fecurity of my Prefervation, and reafon bids me 16 ok on him, as an Enemy to my Prelervation, who would take away that Freer dom, which is the Fence to it, fo that he who makes an attempt to enflave. me, thereby. } puts him- felf into a State of War with; me r He that in the State of Nature^ would take away the Freedom that belongs to any one in that State, 1 ( * 3 * ) ) State, mu ft neceffarily be fappofed to' have a defign to take away every thing elfe, that Freedom being the Foundation of all the reft : As he that in the State of Society, would take a- way the Freedom belonging to thole pf that Society or Common-wealth, muft be fuppoled to defign to take away from them every thing elfe, and fo be looked on as in a State of War. v * 18. This makes it Lawful fora Man to kill a Theif, who has not in the leaft hurt him, nor declared any de¬ fign upon his Life, any farther then by the ule of Force, lb to get him in his Power, as to take away his Money, or What he pleafes from him, becaule ufing force, where he has no Right to get me into his Power, let his pretence be what it will, I have no realon to fuppole, that he, who would take away my Liberty, would not when he had me in fyis. Power, take away every thing elle. And therefore it is Law¬ ful for me to treat him, as one who has put himfdf into a State of War with me, r. e. kill him if I can 5 For to that hazard does he juftly expole him lei f, whoever introduces a State of War, and is aggrefier in it. v> r * ’ 19. And ) * » ' e( 20. But when the a&ual force is over, the State of War ceafes between thofe that are in Society, and are equally on bothfidesSubjed to the Judge.* And therefore infuch controverlies, where the queftion is put, whoflail be Judge > It cannot be meant, who (hall decide the' controverfie : every one knows what Jephtha here tells us, that the Lord the Judge , (hall Judge. Where there is no J udge on Earth, the Appeal lies to God in Heaven. That queftion then cannot mean who (hall Judge, whether ano¬ ther hath put himfelf in a State of War with me, and whether I may as Jephtha did appeal to Heaven in it > Of that I my felf can only be Judge in my own Confeience, as I will anfwer it at the great day, to the Supream Judge of all Men. .. . ' \ ; ~‘ip ’ • : • s CHAP. » i ( 2 4i ) CHAP, IV. I Of SLAVERY. 0 22.'HE natural Liberty of Man J is to be free from any Superi¬ or Power on Earth, and not to be under :he Will or Legiflative Authority of Man, >ut to have only the Law of Nature for lis Rule. The Liberty of Man, in So- :iety, is to be under no other Legiflative J ower, but that eftablifhed, by confent, n the Commonwealth; nor under the dominion of any Will, or Reftraint of a- ly Law, but what that Legiflative fball na£t, according to the Truft put in it. •reedom then is not what Sr. R. F. tells is, 0 . A. 55. A Liberty for every one to do 'hat he lifts , to live as he pleafes , and not ■> be tyed by any Lam : but Freedom of den, under Government, is, to have a randing Rule to live by, common to ere- y one ot that Society, and made by the .egiflative Power ere&ed in it. A Liber- 7 to follow my own Will in all things,- 'here that Rule prelcribes not; not to e fubjeft to the inconftant, uncertain,- nknown, Arbitrary Will of another Man, -s Freedom of Nature is to be under no ; :her reftraint but the Law of Nature,- R 23. Thu; ( 2 4 2 ) 23. This Freedom from Abfolute, Ai bitrary Power, is fo neceffary to, an clofely joyned with a Man’s Prefervatioi that he cannot part with it, but by whc forfeits his Prefervation and Life togethe For a Man, not having the Power of h own Life, cannot, by Compact, or his ow Content, enflave himfelf to any one, nc put himfelf under the Abfolute, Arbitrar Power of another, to take away his Lii< when he pleafes. No body can give moi Power than he has himfelf; and he tht •cannot take away his own Life, cannc give another Power over it. Indeed h? ving, by his fault, forfeited his own Lift by fome Acl that deferves Death ; he, t whom he has forfeited it, may (when b has him in his Power) delay to take ii and make ufo of him to his own forvice and he does him no injury by it. F01 when-ever he finds the hardfhip of hi Slavery out-weigh the value of his Lift ’tiS in" his Power , by refilling the Wi of his Matter, to draw on himfelf th Death he defires. 24. This is the perfect condition of Sla very, which is nothing cite, but the Stat of War continued, between a Iawft Conquerour, and a Captive. For, if one Compact enter between them,and make ai agreement for a limited Power on the on » ( 243 ) !ide, and Obedience, on the other; the State of War and Slavery ceales, as long is the Compact endures. For, as has >een laid, no Man can, by agreement, >afs over to another that which he hath lot in himlelf, a Power over his own Jfe. I confefs, we find among the Jews, as veil as other Nations, that Men did fell hemfelves; but, ’tis plain, this was only o Drudgery, not to Slavery. For, it is vident, the Perfon fold was not under an ibfolute, Arbitrary , Delpotical Power. r or the Mafter could not have Power to ill him, at any time, whom, at a cer- lin time, he was obliged to let go free ut of his lervice: And the Mafter of jch a Servant was fo far from having n Arbitrary Power over his Life, that he ould not, at pleafure, fo much as maim im, but the Lois of an Eye, or Tooth, it him free, Exod. XXI. CHAP. V. Of PROPERTY. T 71 THether we confider natural '■ VV Realon, which tells us, that fen, being once born, have a right to ! R 2 their ( 244 > their Prefervation, and conlequently t Meat and Drink, and fuch other thing: as Nature affords for their Subfiftence Or Revelation , which gives us an accoun of thofe Grants God made of the Worl to Adam y and to Noah , and his Sons; ’ti very clear, that God, as K. David fay: Pfal. CXV. xvj. has given the earth to th Children of men , given it to Mankind i common. But this being fuppofed, i feems to dome a very great difficulty ho\ any one fhouid ever come to have a Prc perty in any thing ; I will not content m lelf to anfwer, That if it be difficult t make out Property , upon a fuppofitior That God gave the World to ^Adam an his Pofterity in common ; it is impoffibl that any Man, but one univerfal Monarch fhouid have any Property upon a fuppofi tion, That God gave the World to Adani and his Heirs in Succeffion, exclufive c all the reft of his Pofterity. But I fhai endeavour to fhevv, how Men migh come to have a Property in feveral parts o that which God gave to Mankind in com mon, and that without any exprels Com pa£t of all the Commoners. 26. God , who hath given the Worl< to Men in common, hath alfo given then reafon to make ufe of it to the beft advan tageof life,and convenience,TheEarth,anc al ( 245 ) ill that is therein, is given to Men for the Support and Comfort of their being. And though all the Fruits it naturally produces, and Beafts it feeds, belong to Mankind in common, as they are produ¬ ced by the fpontaneous hand of Nature; and no body has originally a private Do¬ minion, exclufive of the reft of Mankind^ in any of them, as they are thus in their natural ftate: yet being given for the ule of Men, there muft, of neceffity, be a means to appropriate them iome way or other before they can be of any ule, or at all beneficial to any particular Men. The Fruit, or Yenilon which nourifhes the wild Indian, who knows no Inclofure,'and is ftill a Tenant in common, muft be his, and lo his, i.e. a part of him, that another can no longer have any right to it, before it can do him any good for the fupport of his Life. 27. Though the Earth, and all inferior Creatures,be common to all Men, yet every Man has a Property in his own Per- fon. This no Body has any Right to blit himfelf. The Labour of his Body, and the Work of his Hands, we may lay, are properly his. Whatloever then he re¬ moves out of the State that Nature hath provided, and left it in, he hath mixed his Labour with it, and joined to it lonie- * R $ thing y ( 246 ) thing that is his own, and thereby make it his Property. It being by him remove) from the common ftate Nature placed i in, it hath by this labour fbmething an nexed to it, that excludes the commoi right of other Men. For this labour beint the unqueftionable Property of the La bourer, no Mian but he can have a righi to what that is once joined to, at leaf where there is enough, and as good left ir common for others. T oJyi?j 28. He that is nourifhed by the Acorn? lie pickt up under an Oak, or the Apple; he gathered from the Trees in the Wood; has certainly appropriated them to him- .lelf. No Body can deny but the nourifh- ment is his. I ask then, when did they begin to be his ? When he digefted ? or when he eat ? Or when he boiled ? Or when he brought them home ? Or when he pickt them up ? And 'tis plain, if the iirll gathering made them not his, nothing elfe could. That labour put a diftindion between them and common. That added lomething to them more than Nature, the common Mother of all, had done ; and fo tliey became his private right. And will any one fay he had no right to thofe Acorns or Apples he thus appropriated, becaufe ue had not the confent of all Mankind to make them his ? Was it a Robbery thus to ( 247 ) o affumc to himfelf what belonged to all [ja Common ? If fuch a confent as that ^as necelfary, Man had ftarved, not with- landing the Plenty God had given him. We lee in Commons, which remain lo by Com pad, that ’tis the taking any part of what is common, and removing it out afthe ftate Natur^leaves it in, which be¬ gins the Property'; without which the Common is of no ule. And the taking ol this or that part, does not depend on the exprefs content of all the Commoners. Thus the Grafs my Horie has bit; the Turfs my Servant has cut; and the Ore I have dig’d in any place where I have a right to them in common with others, become my Property, without the affig- nation or confent of any body. Ihe la¬ bour that was mine, removing them out of that common ftate they were in, hath fixed my Property in them. 29. By making an explicit confent of every Commoner, neceifary to any ones appropriating to himlelf any part or what is given in common. Children or Ser¬ vants could not cut the Meat which Father or Mailer had provided for them in common, without aligning to every one his peculiar part. Though the Water i running in the Fountain be every ones; r vet who can doubt but that in the Pitcher R 4 is ( 248 ) '! ; s h/ s °, nI y who drew it out ? His labour nata taken it out of the hands of Nature where it was common, and belong’d e- qually to all her Children, and hath there¬ by appropriated it to himfelf. 3 °‘ Thus this Law of realbn makes the Deer, that Indians who hath killed it; ’tis allowed to be his goods who hath bellow¬ ed his labour upon it,: though before, it was the common right of every one. And amongll thole who are counted the Civi- Iizd part of Mankind, who have made and multiplied pofitiveLaws to determine lopertj,, this original Law of Nature for the beginning of Property, in what was before common, Hill takes place ; and by vertue thereof, what Fifh any one catches ! n ^ Ocean, that great and‘Hill remain- xiig Common of Mankind \ or what Am- bergriefe any one takes up hqre, is by the labour that removes it out of that com- nion Hate Nature left it in, made his Pro¬ pel ty who takes that pains about it. And even amongll us the Hare that any one is iintingj is thought his who purlues her ? u J[!"S, th e Chafe. For being a Bead that JS ftih looked upon as common , and no Man s private FolfelTion ; who-ever has imployd lb much labour about any of that j nc h as to find and purliie her, has there¬ by removed her from the Hate of Nature wherein / ( 2 49 ) • > * wherein fhe was common , and hath be¬ gan a Property. 31. It will perhaps be objected to this, That if gathering the Acorns , or other Fruits of the Earth, &c. makes a right to them, then any one may ingrofs as much as he will. To which I Anlwer, Not fo. The lame Law of Nature that does by this means give us Property , does alio bound that Property too. God has given us all things richly , i Tim. vi. 12. Is the Voice of Realon confirmed by Infpiration. But how far has he given it us , to enjoy ? As much as any one can make ule of to any advantage of life before it Ipoils; fo much he may by his labour fix a Property in. Whatever is beyond this, is more than his fhare, and belongs to others. Nothing was made by God for Man to fpoil or de¬ ft roy. And thus confidering the plenty of natural Provifions there was a long time in the World, and the few fpenders, and to how fmall a part of that provifion the induftry of one Man could extend it lelf, and ingrofs it to the prejudice of others; efpecialiy keeping within the bounds fee by realon of what might lerve for his ule ; there could be then little room for quar¬ rels or contentions about Property fo efta- blifh’d. ' A V : t j 1 * :>-*• But ( 3t >°) 52. But the chief matter of Property being now not the Fruits of the Earth,and the Beafts that fubfift on it, but the Earth it felf 5 as that which takes in and carries with it all the reft : I think it is plain, that Property in that too is acquired as the former. As much Land as a Man Tills, Plants, Improves , Cultivates, and can ufe the Product of; fo much is his Pro¬ perty. He by his labour does as it were indole it from the Common. Nor will it invalidate his right to fay, Every body elle has an equal title to it; and therefore he cannot appropriate, he cannot inclole, without the confentof all his Fellow-Com¬ moners, ail Mankind. God when he gave the World in common to all Mankind, commanded Man alfo to labour, and the penury of hisCondition required it of him. God and his Reafon commanded him to fubdue the Earth, i. e, improve it for the benefit of Life, and therein lay out fbme- thing upon it that was his own, his labour. He that in obedience to this Command of God, fubdued, tilled and lowed any part of it, thereby annexed to it fomething that was his Property, which another had no -Title to, nor could without injury take from him. - *?...• i 33 - Nor was this appropriation of any parcel of Land, by improving it, any pre¬ judice ( 2 50 / judice to any other Man, fince there was ftill enough, and as good left; and more than the yet unprovided could ufe. So that in dfe&, there was never the lefs left for others becaufe of his inclofure for him- felf. For he that leaves as much as ano¬ ther can make ule of, does as good as take nothing at all. No Body could think himfelf injur’d by the drinking of another Man, though he took a good draught, who had a whole River of the fame Water left him to quench his thirft. And the Cafe of Land and Water, where there is enough of both, is perfectly the fame. $4. God gave the World to Men in Common, but fince he gave it them for their benefit, and the greatefi: Convenien- cies of Life they were capable to draw from it; it cannot be luppoled he meant it ftiould always remain common and un¬ cultivated. He gave it to the ule ot the indufirious and rational, (and labour was to be his title to it ;) not to the phancy or covetoulnels of the quarrellome and con¬ tentious. He that had as good left for his improvement, as was already taken up, needed not complain, ought not to med¬ dle with what was already improved by another’s labour: if he did, ’tis plain lie defired the benefit ot anothers pains which he had no right to, and not the ground w hich • ( 252 ) which God had given him in common with others to labour on , and whereof there was as good left as that already po f- feued j and more than he knew what to do with, or his induftry could reach to. ? 5 * Tis true* in Land that is common in England, or any other Country, where there is plenty of people under Govern¬ ment, who have Money and commerce, no one can inclofe or appropriate any part without the confent of all his Fellow-Com¬ moners i Becauie this is left common by Compaft, i.e. by the Law of the Land, which is not to be violated. And though it oe Common, in relpedt of Ibme Men, it is not fo to all Mankind; but is the joint propriety of this Country, or this Parifh. Befides, the remainder, after fuch inclo¬ se, would not be as good to the reft of the Commoners as the whole was, when they could all make ufe of the whole • whereas in the beginning and firft peo¬ pling oi tne great Common of the World it was quite otherwife. The Law Man’ was under was rather for appropriating. (rod Commanded , and his wants forced him to labour. That was his Property which could not be taken from him where- ever he had fixed it. And hence fubduing ' or cultivating the Earth, and having Do¬ minion, minion, we fee, are join’d together. The one gave Title to the other. So that God, by commanding to fubdue, gave Autho¬ rity fo far to appropriate. And the Con¬ dition of humane Life, which requires la¬ bour and materials to work on, necelfa- rily introduce private Poffeffions. 36. The meafure of Property, Nature well let, by the Extent of Mens Labour, and the Conveniency of Life : no Man’s Labour could fubdue, or appropriate all; nor could his Enjoyment conlume more than a Imall part; lb that it was impolli- ble for any Man, this way, to intrench upon the Right of another, or acquire, to himfelf, a Property, to the Prejudice of his Neighbour, who would ftill have room, for as good, and as large a Poflefti- on (after the other had taken out hisj as before it was appropriated ; which mea¬ fure did confine every Man’s Pol- lefiion, to a very moderate Proportion, and fuch as he might appropriate to him¬ felf, without Injury to any Body, in the firft Ages of the World, when Men were more in danger to be loft, by wandering from their Company, in the then vait Wildernefs of the Earth , than to be ftriatned for w'ant of room to plant in. And the fame meafure may be allowed ftill, without prejudice to any Bgdy J; as • (a?4) ^u!l as the World feems. For fuppofing a or Family, in the Hate they were at firft, peopling of the World by the Chil¬ dren or Adam y or Noah ; let him plant in ionic in-land, vacant places of America. we fhall find that the Poffeffions, he could make himfelf, upon the meafures we have given, would not be very large, nor, even to this day, prejudice the reft of Man¬ kind, or give them reafbn to complain, or think themfelves injured by this Man’s Incroachment, though the Race of Men have now fpread themfelves to all the cor¬ ners of the World, and do infinitely ex¬ ceed the ftnall number was at the begin¬ ning. Nay the extent of Ground is of fo little value, without Labour, that I have heard it affirmed, that, in Spain it felf, a Man may be permitted to plough, fow, and reap, without being difturbed, upon Land he has no other Title to, but only his making uie of it. But, on the contra¬ ry, the Inhabitants think themfelvs be¬ holden to him, who, by his Induftry, on flegle£ted, and confequently wafteLand, has increafed the ftock of Corn, which they wanted. But be this as it will, which I lay no ftrefs on ; this I dare boldly af¬ firm, I hat the fame Rule of Propriety, {.•viz,, ) that every Man fhould have as much as he could make ule of, would ~ hold ( 255 ) hold ftill in the World , without ftrait- ning any body, fince there is Land enough in the World, to fuffice double the Inha¬ bitants, had not the Invention of Money, and the tacit Agreement of Men, to put a value on it, introduced ( by Content ) larger PoffefTions, and a Right to them ; which, how it has done, I fhall, by and by, fhew more at large. 37. This is certain, That in the begin¬ ning, before the defire of having more than Men needed, had altered the intrin- fick value of things, which depends only on their utefulnefs to the Life of Man; or had agreed, that a little piece of yellow Metal, which would keep without waft¬ ing or decay, fhould be worth a great piece of Flefh, or a whole heap of Corn; though Men had a Right to appropriate, by their Labour, each one to himfelf, as much of the things of Nature, as he could ufe: yet this could not be much, nor to the Pre¬ judice of others, where the fame plenty was ftill left, to thole who would ute the fame Induftry. Before the Appropriation of Land, he who gathered as much of the wild Fruit, killed, caught, or tamed as many of the Beafts as he could ; he that lb employed his Pains about any of the fpontaneous Products of Nature, as any way .to alter them, (*SO them, from the Bate Nature put them in by placing any of his Labour on them" did thereby acquire a Propriety in them • but if they perifhed, in his PolTeffion, Witnout their due ule ; if thePruits rotted, or the Venifon putrified, before he could i pend it^ he offended again ft the common Law of Nature, and was liable to be pu^ mflied; he invaded his Neighbour’s Share for he had no Right, farther than Uie called for any of them, and they might ferve to afford him Conveniences of Life. 58. The lame meafures governed the PolTeffion of Land too: Whatfoever he tilled and reaped, laid up and made ufe before it f aoiled, that was his peculiar Right; whatfoever he enclofed, and could feed, and make ufe of, the Cattle and Pro- dud was alto his. But if either the Grafs of his Inclofure rotted on the Ground, or the Fruit of his planting perifhed without gathering, and laying up, this part of the Earth, notwithstanding his Inclofure, was Ifiil to be rooKed on as Waffe, and mi^ht be the PolTeffion of any other. Thus , & at the beginning, Cam might take as much Ground as he could till, and make it his own Land, and yet leave enough to Abel's Sheep to feed on; a few Acres would ferve fpr froth their Poifeffions. But as % • > *■ w f ^ . - • , Families' FamilieV increaled, and induftry inlarged their ftocks,‘their Pofleflions inlarged with the- need of-them f btrtyet {it was. com¬ monly without any fixed property, in the ground they made ufe of, till they incor¬ porated-^ fetled themfelv.es. together ,' and built Cities 1 , and then, nby con lent; they came iti -time, -* to fet lout the bounds , of their difWnft Territories., ind agree oh limits between»them v and their.;;Neigh¬ bours ;< and by/ Laws within thepifelveS, fetled the Properties of chofe! of 'th e-da me Society. For we feb^thatin that.pah>df therefore like to be beft peopled > even, as low down as Abraham\ume\ they: waft>* dered with their Flocks, and their Herds, which was their fiibftance, freely up and down; and this ^sibrdham did, in a Coun¬ try where he was a ftranger. Whence ir is plain, that, at leafty a great part .of the Land lay in Common. That the;inha¬ bitants valued it not, nor claimed-Pro¬ perty in any more than they made ufe of. But when there was not room enough in the fame place , for their Herds to feed together, they, by confent, as Abraham md Lot did , Gen. xiii: 5. feparated and enlarged their Pafture,' where it beft liked S them. < $$) thetnL: Arid for :the fame R^aio n'Efa went; from- his. Father) 9 3dd bis Bro ther,; and planted in Mount <$>*>, Qgr xxxvi. 6. ~ fc. i,v . »• < ■ » Jk. i. V. * > * I t I ' *V ' \ . «I “ n f ' I • * ”* 'f.' c • r r ,v , f- . i‘. / t d - , • ■ ' J .*.<•! If J - *V *’U '/ J V-'ii* JJ2D : J 59; And thus, without fyppofing am private Dominion, ^nd property in over all the World, .exclufive of all othe Men,:which can no. way be proved, no any-ones Property be made out from it but.fijppofing the World given as it wa to; the Children of Men in common, w< fee-hojw-labour could; make Men diftinf ttrtks Itaieveral parcels of it, for their pri vatevufes ; wherein there could be nc -doubt of right, no room for quarrel. i 4 ** • ' k .\‘. r * * f ' r * ; ! 1 *AJ * A I * t *- • *•, f G /lt j • J . • ' * • ♦ ■ ' v ' I 40^ Nor is it fo grange as perhaps be¬ fore confideration it may appear, that the Property of labour fhould be able to over¬ balance the Community of Land. For tii labour indeed that puts the difference ol value on every thing; and let any one confider, what the difference is between an. Acre of: Land planted with Tabaeo 3 or Sugar , fbwn with Wheat or Barley ; and an Acre of the fame Land lying in common, without any Husbandry upon it; and he will find, that the improve- : ; ment If ( 2^9) ment of labour makes the far greater part of the value, I think it will be but a very mod eft Computation to fay, that of the Products of the Earth uleful to the Life of Man ■ <% are the effe&s of labour : nay* if we will rightly eftimate things as they . come to our ufe , and caft up the feveraf expences about them , what in them is purely owing to Nature, and what to la¬ bour, we fhall find, that in moftofthem uo are wholly to be put on the account of abour. » ' •' f ^ B j v |V* l#-* ^ \j i 4 1 - There cannot be a clearer demon- fration of any thing, than feveral Nations of the Americans are of this, who are rich in Land , and poor in all the Cont¬ orts of Life ; whom Nature having fur- lifhed as liberally as any other people,' .vith the materials of Plenty, i. e. a fhlit- ul Soil, apt to produce in abundance,' vhat might ferve for food, ray ment, and delight; yet for want of improving^ by abour, have not ^ part of the Conveni- :ncies we enjoy. And a King of a large ind fruitful Territory there, feeds, lodges, nd is clad worle than a day Labourer in ingland. - . S 2 42. To ( 260 ) 42. To make this a little clearer, let us but trace fome of the ordinary provi- fions of Life , through their feveral pro* greffesj before they come to our ufe, and lee how much they receive of their value from human induftry. Bread, Wine and Cloth are things of daily ufe and great plenty, yet notwithftanding Acorns, Wa¬ ter, and Leaves, or Skins, muff be our Bread, Drink and Cloathing , did not la¬ bour furnifh us with thefe more ufeful Commodities. For whatever Bread is more worth than Acorns, Wine than Water, and Cloth or Silk than Leaves, Skins or Mofs, that is wholly owing to la¬ bour ^-arid induftry. The one of thefe be¬ ing the food and rayment which unah fifted Nature furnifhes us with; the other Provifions which our induftry and pains prepare for us, which how much they exceed the other in value, when any one hath computed,, he will then fee how much labour makes the far greateft part of the value of things we enjoy in this World-: and the ground which produces the materials, is fcarce to be reckon’d in as any, or at moft, but a very final! part ol it: fo little, that even amongft us, Land that ( 26 i ) that is left wholly to Nature, that hath no improvement of Pafturage, Tillage, or Planting, is called, as indeed it is, waft ; and we (hall find the benefit of it amount to little more than nothing. 43. An Acre of Land that bears here Twenty Bufhels of Wheat, and another in America, which, with the lame Husban¬ dry, would do the like, are, without doubt, of the lame natural, intrinlick Value. But yet the Benefit Mankind re¬ ceives from one in a Year is worth 5/. and the other poftibly not worth a Penny ; if all the Profit an Indian received from it were to be valued,and Ibid here j at leaft, I may truly lay, not T =«. ’Tis Labour then which puts the greateft part of Value upon Land, without which it would Icarcely be worth any thing; ’tis to that we owe the greateft part of all its uleful Produ&s; for all that the Straw, Bran, Bread, of that Acre of Wheat, is more worth than the Product of an Acre of as good Land, which lies wafte, is all the Effeft of Labour. For ’tis not barely the Plough-man’s Pains, the Reap¬ er’s and Threlher’s Toil, and the Baker’s .. S 3 Sweat, 9 * P - m? * (262) Sweat, is to be counted into the Bread we eat; the Labour of thole who broke the Oxen, who digged and wrought the Iron and Stones, who felled and framed the Timber imployed about the Plough, Mill, Oven, or any other Utenfils, which are a vaft Number, requifite to this Corn, from its (owing to its being made Bread, muft all be charged on the account of La¬ bour, and received as aneffed of that: Na¬ ture and the Earth furnifhed only the al- moft worthlefs Materials, as in themlelves. ?Twould be a ftrange Catalogue of things, that Induftry provided and made ufe of" about every Loaf of Bread before it came’ to our ufe, if we could trace them; Iron Wood, Leather, Bark, Timber, Stone, Bricks, Coals, Lime , Cloth, Dying- Drugs, Pitch, Tar, Marts, Ropes, and all the Materials made ufe of in the Ship, that brought any of the Commodities, made ufe of by any of the Work-men, to any part of the Work, all which, twould be almoft importible, at leaft too long, to reckon up. 44 * from all which it is evident, that th°‘ the things of Nature are given in common: V / common: Man (by beiog.Maftef.og Mm- felf, and Proprietor of. his Own Perton, and the Adionstfr Labour of it) had fell in himfelf the great'Foundation of : Pro¬ perty pand that which made up the great part of what he applyed to the Support or Comfort of his being, t when Invention and Arts had improved the conveniences of Life, was perfectly his own, and did not belong in common to others. •> i. . 45. Thus Labour, in the beginning, gave a Right of Property, wherfi:ever any one was pleafed to imploy it, upon what was common, which remained, a long while, the far greater part, and is yet more than Mankind makes uie of. Men, at firft, for the moft part, content¬ ed themfelves with what un-afftfted Na¬ ture offered to • their NccefTities, and though afterwards, in fome parts of the- World, where the Increafe of Peo¬ ple and Stock, with the Ufe of Money, had made Land fcarce , and fo of fome Value , the feveral Communities fetled the Bounds of their diftind Ter¬ ritories , and, by Laws, within them ifeives, regulated the Properties of the j S 4 private private Men of their Society, and fo, by Com pad'and Agreement ,ifetled the Pro- perty which Labour and ladufry beganJ And the • Leagues, that have been' made between -- feveral iStates and Kingdoms, either exprefly or tacitly dif-owning aii Claim and Right to the Land in the o- thers PofTeflion, have, by common Con -1 fenV given up their Pretences tp their natural common Right, which original¬ ly they had to thole Countries: and fo have, by pofitive Agreement, fettled a I Property amongft themfelves, in diftina Parts of. the Worlds yet there are if ill great XtaRs of Ground to be found, which the Inhabitants thereof, not ha¬ ving joyned with the reft of Mankind, in the confent of the Ufe of their com¬ mon Money, lye wafte,-and are more than the People, who dwell on it, do, or can make ufe of, and fo frill iye in common. •Though this can fcarce happen amongft that part of Mankind that have confent- ed to the Ufe Of Money, ’■ rtf' | -.ftp « - ; 46. The greateft part of things really ufefbl to the Life of Man, and fuch as the neceflity pf fubfifting made the firft ' J 'f i 4 Com- # <*50 Commoners of the World look after, as it doth the Americans now, are generally things of fhort duration, fuch as, if they are $ot conliimed by ule, will decay and periHi ; OJf themlelves. Gold, Silver, and Diamonds, are things, that Phancy, or Agreement hath put the, jyalue on , more than real Ule, and the necelfary Support of Life : Now of thole good things which Nature hath provided in common , every one hath a Right ( as hath been laid ) to as much as he could ule, and had a Pro¬ perty in all he could efifed with his La¬ bour : all that,his Induftry could extend to, to alter from the State Nature had put it in, was his. He that gathered a Hundred Bulhels of Acorns or Apples, had thereby a Property in them ; they were his Goods, as loon as gathered. He was only to look that he uiled them before they Ipoiled; elle he took more than hislhare, and robb’d others. And indeed it was a foolifh thing, as well as difhoneft, to hoard up more than he could make ufe of. If he gave away a part to any body elle, lo that it perifhed not ufelefly, in his Poifellion, thele he alio made ule of. ! And if he alio bartered away Plumbs, i that would have rotted in a Week , I* t 4, ; i » J S m « f »' . (266 y for Nuts that would laft good for fife bat¬ ing a whole Year, he did no injury; he wafted not the common Stock; deftroyed no part of the portion of Goods that be¬ longed to others, fo long as nothing pe- rifhed ulelefly in his hands. Again, If he would give his Nuts for a piece of Metal, pleated with its colour 5 or ex¬ change his Sheep for Shells, or Wooll for a fparkling Pebble or a Diamond , and keep thole by him all his Life, he inva¬ ded not the Right of others; he might heap up as much of thele durable things as he pleafed: the exceeding of the bounds of his juft Property not lying in the large- nels of his Poflelhon, but the perifhing of any thing ulelefly in it. • d. - v -%+H - - j ^ 1. & ‘ M ; j ] J 1. r 4 47. And thus came in the ule of Mo¬ ney , lome Iafting thing that Men might keep without fpoiling, and that, by mu¬ tual conlent, Men would take in exchange for the truly uleful, but perilhable Sup* ports of Life. 48. And as different degrees of Indu- ftry were apt to give Men PoflefTions in different - 4 • * / 06 7 ) different Proportions, io this Invention of Money gave them the opportunity to continue and enlarge them. For fup- pofing an Illand, feparate from all polfi- ble Commerce with the reft of the World, wherein there were but a Hundred Fa¬ milies , but there were Sheep, Horles and Cowes, with other ufeful Animals, wholelome Fruits, and Land enough for Corn,' for a Hundred thouland times as many, but nothing in the Ifland, either becaule of its Commonnefs, or perifh- ablenefs, ftt to fupply the Place of Mo¬ ney : What realon could any one have there to enlarge his Poffeflions, beyond the ufe of his Family, and a plentiful fupply to its Confumption, either in what their own Induftry produced , or they could barter for like perifhable, uleful 'Commodities, with others? Where there is not fomething both lafting and fcarce, and fo valuable to be hoarded up, there Men will not be apt to enlarge their IPoffelftonS of Land, were it never lo rich, never fo free for them to take. For I ask, What would a Man value Ten thou- fand, or an Hundred thoufand Acres of excellent Land , ready cultivated , and well ftocked too with Cattle, in the -i ?r l ' middle '('268) middle of the in-land Parts of America where he had no hopes of Commera with other parts of the World, to draw Money to him, by the Sale of the Pro- dud. It would not be worth the inclo- ling, and we Ihould fee him give up a* gain to the wild Common of Nature what-ever was-more than would fup- plv the Conveniencies of Life, to be had there, for him and his Family. '/•> f ■- - .. « _ . • -Vj .-'.-.l . 49. Thus in the beginning all the World was ^America, and more fo than that is now; for no fuch thing as Mo¬ ney was any where known. Find out fomething that hath the Ufe and Value of Money amongft his Neighbours, you fhall fee the fame Man will begin pre¬ sently to enlarge his Poffeflions. $0. But fince Gold and Silver, being little ufeful to the Life of Man, in pro¬ portion to Food , Rayment, and Carri¬ es its value only from the confent ot Men , whereof labour yet makes in great part the meafure, It is plain, that E-ie confent of Men have agreed to a dif- . > \ propor° ( 269) proportionate and unequal PoiTeffion of the Earth; I mean out of the bounds of Society and Compact : for in Govern¬ ments the Laws regulate it, they ha¬ ving by content, found oat and agreed in a way' how a Man may rightfully, and without injury , poiTefs more than he himfelf can make ule of . by recei¬ ving Gold and Silver, which may con¬ tinue long in a Mans PoiTeffion , with¬ out decaying for the overplus, and agreeing thole Metals Ihould have a value. <51. And thus, I think, it is very ealy to conceive, without any difficulty, how labour could at firft begin a ti¬ tle of Property in the common things of nature , and how the fpending it upon our ules bounded it. So that there could then be no reafon of quar'* relling about title, nor any doubt about the largenefs of PoiTeffion it gave. Right and Conveniency went together. For as a Man had a right to all he could imploy his labour upon, fo he had no temptation to labour for more than he could make ufe of. This left no room ii , - for ... about the title, nor foi incroachrrient: on the right of others: what Pprftoi^ft jVJan carved to himfelf was eafily fqen; and it was ufelefs as well as difhoneft, to carve himfelf too much, or take more than he needed. ■ •» if**' J ) 1 4 tl ; • 3 \r » I i * *- ■* A4i i l i,4 V * • fr :-J b'i -#> I \ V • • 7 " 4 v~/ : n £ * r% -V -V.^ *. * * 3i , I4f * T 5 ;*> ‘ • r r» • f • 4 '14 4 i * 1 W r « T i.* *5 4 ' r • > ttjJt.'; > .. *+1 *» ♦»* JU& • - • * V i J O */ ,>j ; *• V V k J * < ' J -r-»- , iii ,• - : * * * m r r* - . 1 y. . . ■» •; - *> • A ; t \ , * » f " r \ Ca 1 V A ^ ? ‘ * j4 •O i. *. J ' * -4 w * < 9 ♦v ■ i»f > ' notxj'r ill* *w/ > - J * J . ^ s ^« i < -• ^ . *> •Vi-rn? T7- ^ ^ ~ k ^ v • * ^ 1 .V "*9 4 b • • •■ .A CA f r j m** i 4 - \ •A 't- f r 70 f v ' • i J 1 w *!*' • . V s' • |- i • / ( : ‘ *r i „ \ ^ v 4 J » - . •, < * < ■ , j . *\ J * -J l ■ n»4V • JL j 1 . i w u£'i ; u . i i . A f 4 - (/ ft •.’ L>x » • •f r ' . v ! iljtj* ] ^ . r* * V # i i . * . J ‘4ji4 ;*J V - ' cWi! •*• • ,1 p.n.-if til JU'J M [ • 0 A# *1 4 J. J l / x « . ? j t fi - ^ J • . -i-j CHAP. : Of Paternal Power. . -J J , .ffi yyjtfc : ' • f. •!. Os . ; ' : • •;■ 5*. | T may perhaps be cenfured an im- 1 pertinent j Criticifm in a difcourfe of thfs nature, to find fault with words and names that have obtained in the World: And yet poflibly it may not be amifs to of¬ fer ne^v ones whet) the old are apt to lead Men into miftakes,as this of PaternalPower probably has done,which feems lo to place the Power of Parents over their Children wholly in the Father, as if the Mother had no fhare in it; whereas if we confultRea- lon or Revelation, we (hall find flie hath an equal title ; which may give one rea- fon to ask, Whether this might not be more properly called Parental Power? For whatever obligation Nature and the right of Generation lays on Children; it muft certainly bind them equal to both the concurrent Caules of it. And accord¬ ingly we fee the Positive Law of God every where joins them together, without diftinction, when it commands the Obe¬ dience of Children, Honour thy Father and thy Mother , Exod. 20. 12. Whofoever cur- feth his Father or his Mother , Lev. 20. 9. Te fhall fear every Man his Mother and his . ( ^72 5 father , Lev. 19. Children obey your Pa. rents, &c, tph/ 6. 1^ is the ftile of the Old and New Teftament. 5?- Had biit this one- thing been well confider’d, without looking any deeper in- •t-o the matter, ir might perhaps havp kept men from running into thole grofs miftakes they have made about this Power of Pa*- : tents, which however-it might, without any great liarfhnds, bear the n&m'e of Abfolute. Dominion, and Regal Autho¬ rity , when Under the 1 title -of Paternal Power,-it deem’d appropriated to tile Fa¬ ther ; would yet have founded but odly, and in the very name (hewn the' abfur- dity, if this fupppfed Abfolute Power over Children had been called Parental, and thereby difcover'd that it belong’d to the Mother too : For it will but very ill ferve the turn of thofe Men who contend fo much for the Abfolute Power and Autho¬ rity of the Fatherhood, as they call it, that the Mother fhould have any fhare in it. And it would have but ill fupported the Monarchy they contend for, when by the very name it appeared, that that Fun¬ damental Authority from whence they would derive their Government of a Tin¬ gle Perfon only-, was not plac’d in one, but two Perfons jointly 4 But to let this of names pals. • * ' j •. - 54. Though ( 2 7 ? ) 54.Though I have faid above (2.) That all Men by Nature are equal ; I cannot be fup- pofed to underftand all forts of Equality : Age or Virtue may give Men a juft Prece¬ dency : Excellency of Parts and Merit nmay place others above the Common Le¬ vel: Birth may fubjeft (bme, and Alliance or Benefits others to pay an Obfervance to thofe, to whom Nature, Gratitude or other Relpe&s may have made it due; and yet all this confifts with the Equality which all Men are in, in refpeft of Jurif- diction or Dominion one over another: which was the Equality I there fpoke of' is proper to the Bufinefs in hand, being that equal Right that every Man hath to his Natural Freedom, without being fiib- e&ed to the Will or Authority of any 0- :her Man, .. , • “ , ; 5 5. Children, I confefs ,are not born in :his full ftate of Equality, though they are )orn to it. Their Parents have a fort of Rule and Jurifdi&ion over them when they ■omeinto the World, and for fome time ifter, but ’tis but a temporary one. The ionds of this Subje&ion are like the Swad¬ ing Cloths they are wrapt up in, and fup- >orted by,in the weaknefsof their Infancy. Vgeand Realon as they grow up, loolen hem till atlength they drop quite oft', and save a Man at his own free Dilpofal. } T 56. Adam ( 274 ) * 6 . Adam was created a perfed Man his Body and Mind in full poffeflion o:l their Strength and Reafon, and lb wa$ capable, from the firft Inffance of his be¬ ing, to provide for his own Support anc Prefervation, and govern his Adions ac cording to the Didates of the Law o: Reafon God had implanted in him. Frorr him the World is peopled with his De fcendants, who are all born Infants, weal and helplefs, without Knowledge or Un¬ demanding. But to fupply the Defeds o -this impeded State, till the improvemen of Growth and Age had removed them,A dam and Eve , and after them all Parent: were, by the Law of Nature, under ai Obligation to preferve, nourifh, and edu cate the Children they had begotten, no as their own Workmanfhip, but tht Workmanfhip of their own Maker, th< Almighty, to whom they were to be ac countable for them. - 57. The Law that was to govern Adam was the lame that was to govern all hi: Pofterity, the Law of Reafon. But hi: Off-fpring having another way of entrant into the World, different from him, by 1 natural Birth, that produced them igno rant, and without the Ule of Reafon they were not prefently under that Law For 00 Body can be under a Law that i: ' noi < 275 ) « < not promulgated to him; and this Law being promulgated or made known by Realon only, he that is not come to the Ule of his Reafon, cannot be faid to be under this Law : and Adam's Children be¬ ing not prefently as loon as born,under this Law of Reafon, were not prefently free. I Lor Law, in its true Notion, is not fo much the Limitation as the dire&ion of a free and intelligent Agent to his proper Intereft, and prefcribes no farther, than is for the general Good of thofe under that Law. Could they be happier without it, the Law, as an. ufelefs thing, would of it felf vanifh; and that ill deferves the Name of Confinement, which hedges us in on¬ ly from Bogs and Precipices. So that how¬ ever it may be miftaken, the end of Law, is not to abolifh or restrain, but to pre¬ fers and enlarge Freedom. For in all the Rates of created Beings, capable of Laws, where there is no Law there is no Free¬ dom. For, Liberty is, to be free from Re- ftraint and Violence from others, which can¬ not be where there is no Law, and is not, as *ve are told, A Liberty for every Man to do vhat he lifts : For who could be free,when every otherMan’sHumour might domineer >ver him ?But a Liberty to dilpofe and or¬ der freely as he lifts his Perfon, A&ions, ofTeflions, and his whole Property with- *»'• T a .in ( 276 ) in tlie Allowance of thofe Laws, under which he is, and therein not to be fubjeft to the the arbitrary Will of another; but freely follow his own. 58. The Power, then, that Parents have over their Children, arifes from that Duty which is incumbent on them, to take care of their Off-fpring, during the im- perfeQ: {late of Childhood. To inform the Mind ,■ and govern the Actions of their yet ignorant Nonage, till Realon fhall take its place, and eafe them of that Trouble, is what the Children want, and the Parents are bound to. For God ha- ing given Man an Underftanding to diredl his Aftions, has allowed him a freedom of Will, and liberty of A&ing, as proper¬ ly belonging thereunto, within the bounds of that Law he is under. But whilft he is in an Eftate, wherein he has no Under¬ ftanding of his own to direfl his Will, he is not to have any Will of his own to fol¬ low: He that underftands for him, muft will for him too ; he muft prefcribe to his Will, and regulate his Aftions; but when he comes to the eftate that made his Father a Free-man, the Son is a Free-man too. .59. This holds in all the Laws a Man is under, whether natural or civil. Isa man \inder the Law of Nature ? what made him free of that Law ? what gave him a .. - ' free C 277) ree difpofing of his Property, according to his own Will, within the compafs of that Law ? I anfwer, an Eftate wherein he might be fuppos’d capable to know that Law, that fo he might keep his Aftions within theEounds of it. When he has acqui¬ red that date, he is prefumed to know how far that Law is to be his Guide, and how far he may make ufe of his Freedom, and fo comes to have it; till then, fbme body elfe muft guide him, who is prelumed to know how far the Law allows a Liberty. If fiich a date of Reafon, fuch an Age of Difcretion made him free, the lame fhall make his Son free too. Is a Man under the Law of England? what made him free of that Law ? that is, to have the Liber¬ ty to difpofe of his Aflions and Pollefli- 011s, according to his own Will, within the Permiflion of that Law ? A capacity of knowing that Law. Which isfuppofed, by that Law, at the Age of Twenty one, and in fbme cafes fooner. If this made the Father free, it fhall make the Son free too. Till then, we fee, the Law allows the Son to have no Will, but he is to be guided by the Will of his Father or Guar¬ dian, who is to under (land for him. And if the Father die, and fail to fubftitute a 13 cputy in this Trulf, if he hath not pro¬ vided a Tutor to govern his Son. during k T ? his (278)) his Minority, during his Want of Under¬ ftanding , the Law takes care to do it; iome other muft govern him, and be a Will to him, till he hath attained to a ftate of Freedom, and his Underftanding be fit to take the Government of his Will. But after that, the Father and Son are equally free, as much as Tutor and Pupil, after Nonage; equally Subje&s of the fame Law together, without any Dominion left in the Father, over the Life, Liberty, or Eftate of his Son, whether they be only in the State, and under the Law of Na¬ ture, or under the pofitive Laws of an Eftablifh’d Government. 60. But if, through defeats, that may happen, out of the ordinary Courfe of Nature, any one comes not to fuch a de¬ gree of Reafon, wherein he might be lup- pofed capable of knowing the Law, and 10 living within the Rules of it, he is ne¬ ver capable of being a Free Man; he is never let loole to the difpofure of his own Will, becaufe he knows no bounds to it, has not Underftanding, its proper Guide; but is continued under the Tuition and Government of others, all the time his own Underftanding is uncapable of that Charge. And io Lunaticks and Ideots are never let free from the Government of their Parents; Children, who are not as ytt ( 279 ) yet come unto thofeyears ITh6TC.it they may have , and Innocents , which uve excluded^ . by ^ a natural defect , from ever having. Thirdly Madmen , which , for the prefent , <^*0/ pof- fibly have the ufe of right Reafon to guide themfelvesj have , for their Guide , the Rc a- fon that guideth other Men , which are Tutors over them , feck and procure their good for them , fays Hooker Eccl. Pol. lib.i. $*!• All which feems no more than that Duty which God and Nature has laid on Man, as well as other Creatures, to prefer ve their Off-fpring till they can be able to fhift for themfelves,and will fcarce amount to an indance or proof of Parents Regal Authority. 61. Thus we are born free, as we are born rational j not that we have actually the Exercife of either : Age that brings one, brings with it the other too. And thus we foe how natural Freedom and Subjection to Parents may confift toge¬ ther, and are both founded on / the fame Principle. A Child is free by his Father s Title, by his Father’s Undemanding, which is to govern him, till he hath it of his own. The Freedom of a man, at years of diferetion, and the SubieClion of a Child to his Parents, wliilft yet fliort of it, are fo confident, and fo didinguifhabie, that the mod blinded Contenders for Mo- : X 4 narchy (280 ) narchy, by Right of Fatherhood, cannot mifs of it; the moil obilinate cannot but allow of it. For were their Do&rine all truw, were the right Heir of ^idam now known, and, by that Title, fetled a Mo¬ narch in his Throne; inverted with all the Abfolute, Unlimited Power Sr. R. F. talks of; If he fhould dye as foon as his Heir were born, mart not the Child, notwith- ftanding he were never lb free, never fo much fovereign , be in iubjeciion to his Mother and Nurfe, to Tutors and Go- nouis, till Age and Education brought him Reafon and Ability to govern him- feh, and others ? I he Neceilities of his Life, the Health of his Body, and the In- iormaiion of his Mind would require him to be direfted by the Will of others and not his own: ana vet will any onethink.that this Reftraint and Subjedion were mcon fiftent with, or fpoiled him of that Libertv or Sovereignty he had a Right to ; or gave away his Empire to thole who had the Go¬ vernment of his Nonage ? This Govern¬ ment over him only prepared him the bet¬ ter, and looner for it. If any body fhould ask me. When my Son is of Age to be free; I {hall anfwer. Juft when his Mo¬ narch is of Age to govern. But at what tme y lays the judicious Hooker , Reel. Pol 1 1 . if. 6. a man may be [aid to have attain'd - ■ fo (q8i) fo far forth the ufe of Reafon , as fufficeth to make him capable of thofe Laws whereby he is then bound to guide his Actions : this is a treat deal more eafie for fenje to difcern y than c or any onefy Skill andLearningJo determine. 6 2. Commonwealths themfelves take aotice of, and allow, that there is a time when Men are to begin to a£f like Free Men, and therefore, till that time, re¬ quire not Oaths of Fealty or Allegiance, )r other publick owning of, or Submiflion :o the Government of their Countreys. 63. The Freedom then of Man , and Liberty of acting, according to his own Will, is grounded on his having Reafon, which is able to inftru£t him in that Law le is to govern himlelf by, and make him mow how far he is left to the freedom of lisown will. To turn him loole to an unre¬ frain’d Liberty, before he has Realon to *uide him, is not the allowing him the oriviledge of his Nature, to be free; but :o thrulf him out amongft Brutes, and ibandon him to a ftate as wretched, and is much beneath that of a Man, as theirs. This is that which puts the Authority into :he Parents hands to govern the Minority A their Children. God hath made it their bulinels to imploy this Care on their Off- Ipring, and hath placed in them luitable Inclinations of Tendernefs and Concern !h' i-.: ' to ( 282 ) * * ; I to temper this power, to apply it as h Wildom defigned it,to theChildrens goo as long as they fhould need to be under it. 64. Blit what reafon can hence advani this Care, of the Parents, due to their Of fpring, into an Abfblute, Arbitrary Dorn nion of the Father, whole power reachc no farther, than by fuch a Difcipline, £ he finds moft effectual,to give fuch ft rengt and health to their Bodies, fuch vigor and re&itude to their Minds, as may beJ fit his Children to be moft ufeful to them {elves and others ; and, if it be neceffar to his Condition, to make them work when they are able, for their own Subfi {fence. But, in this power, the Mothe too has her fhare with the Father. 6$. Nay this power fo little belongs t< the Father, by any peculiar right of Na ture, but only as he is Guardian of hi Children, that when he quits his Care o them, he lofes his power over them, whicl goes along with their Nourifhment anc Education, to which it is infeparably an nexed, and belongs as much to the Fofter Father of an expoledChild/astotheNa tural Father of another. So little powei does the bare a£f of begetting give a Mar over his IlTue: if all his Care ends there ; and this be all the Title he hath to the Name and Authority of a Father : anc v _ what ®J ' • (28s) ;hat will become of this Paternal Power 1 that part ©f the World where one Wo- ian hath more than one Husband at a me ? Or in thole parts of America , where, idien the Husband and Wife part, which appens frequently,theChildren are all left )the Mother, follow her, and are whol- ' under her Care and Provision ? And the Father die whilft the Children are Dung, do they not naturally every where we the lame Obedience to their Mother, uring their Minority, as to their Father, ere he alive ? And will any one lay, that le Mother hath a legislative Power over sr Children; that flae can make Handing .ules, which fhall be of perpetual Obli- ition, by which they ought to regulate 1 the Concerns of their Property, and aund their Liberty all the courle of their ives, and inforce the observation of them ith Capital Punilhments ? For this is le proper power of the Magistrate, of hich the Father hath not lb much as the ladow. His Command over his Children, but temporary, and reaches not their ife or Property. It is but a help to the eaknels and imperfe&ion of their Non¬ lie ; a Dilcipline necelfary to their Edu¬ ction : and though a Father may dilpofe :his own Polfelfions, as he pleales, when s Children are out of danger of perilh- (28 4 > . mg for want; yet his power extends nc £Q' the lives or goods , which either thei own induftry , or anothers bounty , ha made theirs ; nor to their liberty neithei when tiiey are once arrived to the infran diilement of the years of diforetion. Th Father’s Empire then ceafes, and he cal from thence forwards no more difpofe o the liberty of his Son than that of any o ther Man. And it muft be far from an ab foiute , or perpetual Jurifdiftion , fron which a Man may withdraw himfelf, ha ving Licence from Divine Authority, tc kave- Father and Mother > and cleave to hi: Wife . • ; 66 . But though tliere be a time when i Child comes to be as free from fubje&ior to the. will and Command of his Father as he himfelf is free from fiibje&ion to the will of any body elfe, and they are both under no other reftraint, but that which is common to them both, whether it be the Law of Nature, or mumcipalLaw of their Country yet this freedom exempts not a Son from that honour which he ought, by the Law of God and Nature, to pay his Parents. God having made the Parents Ittftruments in his great defign of conti¬ nuing. the Race of Mankind , and the occalions of Life to their Children, as he hath laid ca them an obligation to non- rifle, . ' . (28^; ifli, preferve , and bring up their Off- pring : fo he has laid on the Children a lerpetuai obligation of honouring their Barents, which containing in it an inward :fteem and reverence to be {hewn by all nitward expreflions , ties up the Child rom any thing that may ever injure or iffront, difturb, or endanger the happi- ie(s, or life of thole from whom he recei¬ ved his : and engages him in allaQionsof defence, relief, afliftance and comfort of :hofe by whole means he entred into be- ng , and has been made capable of any jnjoyments of life. From this obligation no State, no freedom, can abfolve Chil¬ dren. But this is very far from giving Pa¬ rents a power of command over their Chil¬ dren, or an Authority to make Laws,and difpofe as they pleale of their Lives or Li¬ berties. ’Tis one thing to owe honour, re- fpeft,gratitude and affiftance ; another to require anabfolute obedience and fubmiffi- on. The honour due to Parents, a Mo¬ narch in his Throne owes his Mother, and yet this leffens not his Authority, nor lub- jeffcs him to her Government. 67. The fubje&ion of a minor places in the Father a temporary Government, which terminates with the minority of the Child. And the honour due from a Child, places in the Parents a perpetual right to (286) refpeft, reverence, fupport and compl ance to more, or lefs, as the Father's car coft and kindnefs, in his Education, h; been more or left. And this ends not wit minority, but holds in all parts and cor ditions of a Man s Life. The want of d ftinguifhing thefe two powers which th Father hath in the right of tuition, durin minority, and the right of honour all hi Life, may perhaps have caufed a grea part of the miftakes about this matte] For to fpeak properly of them, the firft c thefe is rather the priviledge of Children and duty of Parents, than any Prerogativi of Paternal Power. The nourifhment anc Education of their Children, is a Charg< fo incumbent on Parents for their Chil¬ drens good, that nothing can abfolve them from taking care of it. And though the / power of commanding and chaftifing them go along with it, yet God hath woven in¬ to the principles of humane nature, fuch a tenderneft for their Off-fpring,that there is little fear that Parents fhould ufe their power with too much rigour; the excels is feldom on the Jfevere fide, the ftrong bi- afs of nature drawing the other way. And therefore God Almighty, when he would exprefs his gentle dealing with the Ifrae- Htes , he tells them, that though he chaft- en d them, he chaften'd them as a man chaft - ens -4 (287) ns his Son, Dent. 8. 5. /. e. with tendor- left and aife&ion , and kept them under 10 feverer difcipline than what W'as ab- olutely beft for them ; and had been lefs dndneft to have flacken’d. This is that xjwer to which Children are commanded )bedience, that the pains and care of their Barents may not be increafed , or ill re¬ garded. 68. On the other fide, honour and fup- )ort all that which gratitude requires to eturn ; for the benefits received by and rom them is the indifpenfible duty of the Child, and the proper priviledge of the 3 arents. This is intended for the Parents idvantage, as the other is for the Childs ; hough Education, the Parents duty, fee ms 0 have mofl: power, becaule the ignorance md infirmities of Childhood , ftand in teed of reftraint and corre&ion; which is 1 vifible exercife of Rule , and a kind of dominion. And that duty which is com- jrehended in the word honour, requires eft obedience, though the obligation be Wronger on grown than younger Chil- Iren. For who can think the Command, Children obey your Parents , requires in a Vlan that has Children of his own, the ame fubmifiion to his Father,as it does in lis yet young * Children to him; and that >y this Precept, he were bound to obey (288) all his Fathers Commands, if out of conceit of authority he Ihould have the ir dilcretion to treat him ftill as a Boy. 69. The firffc part then of Paterm Power, or rather Duty, which is Educa tion, belongs fo to the Father, that it ter minates at a certain leafon; when the bu finds of Education is over it ceafes of i felf; and is alio alienable before. For; Man may put the tuition of his Son ii other hands; and he that has made his S01 an Apprentice to another, has difcharge< him, during that time, of a great part 0 his Obedience, both to himfelf and to hi: Mother. But all the duty of honour, th< other part,remains never the Ids entire t( them; nothing can cancel that. It is fo in feparable from them both, that the Fa ther’sAuthority cannot difpoflefs the Mo¬ ther of this right, nor can any Man dif- charge his Son from honouring her that bore him. But both thele are very far from a power to make Laws, and inforce- ing them with Penalties, that may reach . Eftate, Liberty, Limbs and Life. The power of Commanding vends with Non¬ age ; and though after that, honour and refpecl, fupport and defence, and what¬ soever gratitude can oblige a Man to, for the higheft benefits he is naturally capable of, be always due from a Son to his Parents; ' yet (a»9) f yet all this puts no Scepter into the Fa* ther’s hand, no Soveraign Power of Com¬ manding. He has no Dominion over his Sons property or actions, nor any right that hisWill Ihould prelcribe to his Sons in all things ; however it may become hisSon in many things, not very inconvenient to him and his Family, to pay a Deference to it. 7 0. A Man may owe honour and re- fpe< 3 t to an ancient or wile Man; defence to his Child or Friend; relief and lupport to the diftreffed ; and gratitude to a bene- faftor ; to fuch a degree, that all lie has, ill he can do, cannot fufficiently pay it. But all- thele give no Authority, no right Df making Laws to any one over him from whom they are owing. And tis olain, all this is due, not to the bare title if Father; not only becaufe, as has been aid, it is owing to the Mother too: but lecaufe thefe obligations to Parents, and he degrees of what is required of Chil- Iren, may be varied by the different care and kindnefs, trouble and expence, is often m ployed upon one Child more than ano- her. 71. This fliews the reafon how it comes 0 pa(s,thatParents in Societies,where they hemfelves are Subjects, retain a power 0- er their Children, and have as much * -\ V , right ( 290 ) right to their Subje&ion, as thofe who art in the date of Nature, which could not pof- fibly be, if all political Power were only paternal, and that, in truth, they wert one .and tne fame thing : for then, all pa¬ ternal Power being in the Prince, the Sub- je£t could naturally have none of it; but thele two Powers, political and paternal, are fb perfectly diftinft and leparate, and built upon fo different Foundations, and given to fo different Ends, that every Sub¬ ject, that is a Father, has as much a pater¬ nal Power over his Children, as the Prince has over his. And every Prince that has Parents, owes them as much filial Duty and Obedience, as the meaneft of his Subjects do to theirs; and can therefore contain, not any part or degree of that kind of Domi¬ nion^ which a Prince , or Magiftrate has over his Sub; eft. • ■ - 72. Though the Obligation on the Pa¬ rents to bring up their Children, and the Obligation on Children to honour their Parents, contain all the Power on the one hand, and Submiffion on the other, which are proper to this Relation; yet there is another Power, ordinarily, in the Father, whereby he has a tye on-the Obedience of his Children, which, though it be com¬ mon to him with other men, yet the Qc- cafions of fhewing it, almoft conftantly happening ( 2 9*) happening to Fathers in their private Fa¬ milies, and in Inftances of it elle-where Being rare, and lefs taken notice of, it paf- fes in the World for a part of paternal Jit- rtfdiction. And this is the Power Men Ge¬ nerally have, to beftow their Eftates On thole who pleale them beft. The Poflefli- - >n of the Father, being the Expectation ind Inheritance of the Children ordinari¬ ly, in certain proportions, according to :he Law and Cuftom of each Country; pet it is commonly in the Father’s Power o beftow it with a more fparing or liberal land, according as the Behaviour of this >r that Child hath comported with his A/ill and Humour. 75. This is no (mail Tye to the Obedi- nce of Children! and there being always nnexed to the Enjoyment of Land , a \ibmiflion to the Government of the Country, of which that Land is a part. It as been commonly fuppos’d, That, aFa- her could oblige his Pofterity to that Go- ernment, of which he himfelfwasaSub- that his Compact held them, where- s, it being only a neceflary Condition-- nnex’d to the Land, wliich is under that government, reaches only thole who will ike it on that Condition, and lo isnona- iralTye or Engagement, but a volunta- ' Submilfton.- Fbr every Man’s Children V 2 . , being, ( 292 ) being, by Nature, as free as himfelf, or any of his Anceftours ever were, may, whilft they are in that Freedom, choofe what Society they will join themielves to, what Commonwealth they will put them- felves under. But if they will enjoy the Inheritance of their Anceftours, they muft take it on the fame terms their Ance¬ ftours had it, and fubmit to all the Con¬ ditions, annex’d to fuch a Poffeftion. By this Power indeed, Fathers oblige their Children to Obedience to themielves, e- ven when they are paft Minority , and mo ft commonly too, fubje£t them to this or that political Powder. ' But neither of thefeby any peculiar right of Father-hood, but by the Reward they have in their hands to inforce and recompence fuch a Compliance ; and is no more Power than w'hataFrew^-manhas over an.Engh(b-ma.n, who by the hopes of an Eftate he will leave him, will certainly havea ftrongtye on his Obedience : and if when it is left him, he will enjoy it, he muft certainly take it upon the Conditions annex’d to the Folteflion of Land, in that Country where it lies, whether it be France dr England. 74. To conclude then, though the Fa¬ ther’s Power of commanding, extends no farther than the Minority of his Children, and to a degree only fit for the Dilcipline, and i ( 293 ) and Government of that Age. And though that Honour and Refped, and all that which the Latins called Piety, which they indifpenfibly owe to their Pa¬ rents all their Life times, and in all eftates, with all that Support and Defence, is due to them, gives the Father no Power of governing, i. e. making Laws and exa£l- ing Penalties on his Children. Though by this he has no Dominion over the Property or Affions of his Son ; yet ’tis obvious to conceive,how eafie it was, in the firflAges of the World, and in places ftill where the thinnefs of People gives Families leave to feparate into unpofle’Jed Quarters,and they have room to remove and plant themlelves in yet vacant habitations, for the Father of the Fa¬ mily to become the Prince of it; he had been It is no improbable Opinion, therefore,which the Arch-Philofopher was of. That the chief Ferfon in every HouJJjo Id, was always, as it were, a King ; Jo when Numbers of HoufJoolds joyn d themfelves in civil Societies together. Kings were thefirjl kind of Governours amongft them', which is alfo, as it feemeth, the reafon why the name of Fathers continued fill in them, who of Fathers, were made Rulers ♦, as alfo the ancient Cujlom of Governours to do as Melchizcdcc, and being Kings , to exercife the Office of Friejls, which Fathers did, at thefirjl grew, per¬ haps, by the fame Occafion. Howbeit, this is not the only find of Regiment that has beenreceived in the World.The Inconveniences of one kind have caufcdfundry other to be devifed, fothat, in a word, all publique Regiment, of what kind fever, feemeth evidently to have vifen from the deliberate Advice,Confutation and Compofrtion between Men,judging it convenient, and behove fad, there being no i mpofibility in Nature,confrder ed by it felf,but that Man might have Lived without any publique Regiment. HookerV EccU. i.§. 10. V ? a Ruler < ( 2 94 ) a Ruler from the Beginning of the infan¬ cy of. his Children, and when they were grown up : fince. without fome Govern¬ ment it would be hard for them to live to¬ gether, it was likelyeft it fhould, by the exprefs or tacit Confent of the Children, be in the Father, where it feemed, with- i out any change, barely to continue. And when indeed nothing more was required ' to it, than the permitting the Father to- exercife alone, in his Family, that execu¬ tive Power of the Law of Nature, which every Free-man naturally hath, and by H that Permiffion refigning up to him a Mo¬ narchical Power, whilft they remained in it. But that this was not by any paternal 1 Right, but only by the Confent of his Children, is evident from hence, That no Body doubts but if a Stranger, whom Chance or Bufinefs had brought to his Fa- 1 mily, had there kill’d any of his Children, or committed any other Faft, he might condemn and put him to Death, or other- wife have pun idled him as well as any of his Children, which was impofhble he fhould do by virtue of any paternal Au¬ thority, over one who was not his Child; but by virtue of that executive Power of the Law of Nature, which, as a Man, he had a right to: and he alone could punifh him in his Family, where the Relpeft of ( 2 90 > * !iis Children had laid by the Exercifeof "uch a Power, to give way to the Dignity indAuthority they were willing fhould re¬ main in him above the reft of his Family. 75. Thus ’twas eafie and almoft natu¬ ral for Children-by a tacit and almoft na¬ tural confent, to make way for the Fa¬ ther’s Authority and Government. They had been accuftomed in their Child-hood, to follow his Direction, and to refer thdir little differences to him, and when they were Men, who titter to rule them ? Their little Properties, and lets Covetoufnefs, [eldom afforded greater Controverties; - and when any fhould arite, where could they have a fitter Umpire, than he, by whofe Care they had every one been fu- ftain’d and brought up, and who had a tendernefs for them all ? ’Tis no wonder that they made no diftinction betwixt Minority and full Age, nor looked after one and Twenty, or any other Age, that might make them the free Dilpolers of themlelvesand Fortunes, when they could have no defire to be out of their Pupilage. The Government they had been under, during it, continued ftill to be more their Protection than Reftraint: and they could no where find a greater fecurity to their Peace, Liberties, and Fortunes, than in the Rule of a Father. ’ V 4 76. Thus 4 • (29 6/' ' 16. Thus the natural Fathers of Fami¬ lies, by an infenfible change, became the politick Monarchs of them too; and as they chanced to live long, and leave able and worthy Heirs, for feveral Succeflions, or otherwife: fothey laid the Foundations of Hereditary, or Eledive Kingdoms un¬ der feveral Conftitutions, and Manors, according as Chance, Contrivance, or Oc- cafions happen’d to mould them. But if Princes have their Titles in the Fathers Right, and it be a fufficient proof of the natural Right of Fathers to political Au¬ thority j becaufe, they commonly were thofe, in whole hands, we find, defacto, the Exercife of Government: I lay, if this Argument be good, it will as ftrongly prove that all Princes, nay Princes only, ought to be Priefts, fince ’tis as certain that in the Beginning, The Father of the Family was Priejl , as that he was Ruler in his own Houjhold. K . *' CHAP. f t f ( 2 97 ) CHAP. YIL fw Of Political or Civil Society. I 9 \ C| 7 OD having madeMan fuch a crea- y T ture, that, in h is own Jud gment, t was not good for him to be alone, put lim under ftrong Obligations of Neceflity, Convenience, and Inclination, to drive iim into Society, as well as fitted him with Jnderftanding and Language to continue .nd enjoy it. The firft Society was be- wen Man and Wife, which gave begui¬ ling to that betweenParentsand Children; o which, in time, that between Mafter tnd Servant came to be added: and though ill thefo might, and commonly did meet rogether, and make up but one Family, therein, the Mafter or Miftrils of it had [bme fort of Rule, proper to a Family ; ;ach of thefo, or all together came fhort af Political Society , as we fhall foe if we confider the different Ends, Ties, and Bounds of each of thefo. 78. Conjugal Society is made by a vo¬ luntary compact between Man and Wo¬ man, and though it confift chiefly in fuch a Communion and Right in one anothers Bodies, as is neceffary to its chief End, Procreation; yet it draws with it mutual t , Support I ' ( 298 ) Support and Affiftance; and a Communi¬ on of Interefts too, as neceffary, not only to unite their Care and Affeftion, but aff fb neceiTary to their common Off-lpring, who have a Right to be nourilhed and maintained by them, till they are able to provide for themfelves. 79. For the end of conjunction between Male and Female, being not barely Pro¬ creation, but the continuation of the Spe¬ cies. This conjunction betwixt Male and Female ought to lait, even after Procreati¬ on, So long as is neceffary to the nourish¬ ment and lupport of the young Ones, who are to be luftained by thole that got them, till thfey are able to. Shift and provide for themfelves. This Rule, which the Infi¬ nite wife Maker hath fet to the Works of his hands, we find, the inferiour Creatures Readily obey. In thole viviparous Animals, which feed on Grab - , the conjunction be¬ tween Male and Female lafts no longer than the very Aft of Copulation; becaule the Teat of the Dam being Sufficient to nou¬ rish the Young, till it be able to feed on Grafs: the Male only begets, but con¬ cerns not himfelffor the Female or Young, to whole Sultenance he can contribute no¬ thing. But in Bealts of Prey the conjun¬ ction lafts longer; becaule the Dam not being able well to Sublift her {$!£, and nou- ' : ••• . ;» ’ riSh I ■ • (299)1 I jfh her numerous Offfpring, by her own 'rey alone,a more laborious s as well as more angerous way of living, than by feeding in Grafs: the Afliftance of the Male is ne- elTary to the Maintenance of their com- lon Family, which cannot fubli(f,tiil they re able to prey for themielves, but by the )int Care of Male and Female. The lame i to be obferved in all Birds (except leme iomeftick ones, where plenty of food excu¬ bs the Cock from feeding, and taking care if the young Brood) whole Young needing •'ood in the Neft, the Cock and Hen conti- lue Mates till the Young are able to ule heir wing, and provide for themielves. 80. And herein, I think, lies the chief, f not the only realon, why the Male and remale, in Mankind, are tyed to a longer :onjunftion, than other Creatures; viz, >ecaufe the Female is capable of concei¬ ving, and de facto is commonly with Child igain, and brings forth too a new Birth, ong before the former is out of a lependency for lupport on his Parents lelp, and able to Ihift for himielf, and has ill the alliftance is due to him from his parents, whereby the Father, who is bound :o take care for thole he hath begot, isun~ ler an obligation to continue in Conjugal society, with the lame Woman, longer chan other Creatures, whofe Young being ( able to fubfift of themfelves, before tl time of Procreation returns again,the Co jugal Bond dilfolves of it felf, and they a; at liberty; till Hymen, at his ufual ann verfary Sealbn, liimmons them again t chule new Mates. Wherein one canru but admire the Wifdom of the great Crt ator, who, having given to Man an Abil ty, to lay up for the future, as weii i fupply the prefent neceflity, hath made neceflary, that Society of Man and Wil fhould be more lafting, than of Male an Female amongft other Creatures : that f their Induftry might be encouraged , an< their Intereft better united, to make pro vifion, and lay up Goods for their commoi Iffue; which uncertain mixture, or eafie and frequent folutions of Conjugal Society would mightily difturb. 81. But though thefe are Ties upor Mankind,which make the Conjugal Bond; more firm and lafting, in a Man, than th< other fpecies of Animals; yet it would give one reafon to enquire, why this com¬ pact , where Procreation and Education are lecured, and Inheritance taken care ior, may not be made determinable, either by content, or at. a certain time, or upon certain conditions, as well as any other voluntary compads; there being no necef- fity, in the nature of the thing, nor to the > . ' - ends (?oi; \ :nds of it, that it fhould always be for ife ; I mean, to fiich as are under no Re- fraintof any pofitive Law,which ordains ill fiich contra&s to be perpetual. 8.2. But the Husband and Wife, though :hey have but one common Concern, yet laving different Underffandings, will, un- lvoidably fometimes, have different wills :oo: it therefore being neceffary, that the ,laft Determination, i. e. the Rule, fhould be placed fomewhere ; it naturally falls to the Man’s fhare,as the abler and theftrong- er. But this, reaching but to the things of their common Intereft and Property, leaves the Wife in the full and true poL fefiion of what* by contract, is her pecu¬ liar Right; and at lead gives the Husband no more Power over her than fhe has over his Life. The Power of the Husband be¬ ing fo far from that of an abfblute Mo¬ narch, that the Wife has, in many cafes, a liberty to feparate from him ; where na¬ tural Right, or their Contra£f allows it \ whether that Contract be made by them- felves, in the Bate of Nature, or by the Cuftoms or Laws of the countrey they live in,and theChildren, upon fuch Separation, fall to the Father or Mother’s Lot, as f uch Contract does determine. 8 For all the ends of Marriage being to be obtained, under politick Govern- ,. v ; _ raent, / ( 3°2 ) ment, as well as in the date of Natur the civil Magiftrate doth not abridge ti Right or Power of either, naturally nece lary to thole ends, viz. Procreation, an mutual Support, and Afliftance, whil they are together ; but only decides an Controverfie that may arile, between Ma and Wife, about them. If it were otherwifl and that abiolute Soveraignty and Powe of life and death naturally belong’d to th Husband,and were neceflary to the Socier between Man and Wife, there could be ni Matrimony in any of thefe Countries,when the Husband is allowed no fuch abfbluti Authority; but the ends of Matrimonj requiring no fuch Power in the Husband it was not at all neceflary to it i the con* dition of Conjugal Society put it not in him, but whatloever might confift with Procreation and Support of the Children, till they could fhift for themfelves: mu¬ tual Afliftance, Comfort, and Maintenance might be varied, and regulated, by that contrast which firft united them in that Society; nothing being neceflary to any Society, that is not neceflary to the ends for which it is made. 84. The Society betwixt Parents and Children, and the diftind Rights and Powers, belonging reipedively to them, I have treated of fo largely, in the fore- \i ' < pd$) \ oregoing Chapter, that I fliall. not here need to lay any thing of it. And I think ;t is plain, that it is far different from a po¬ litick Society. 8 $. Mafter and Servant are Names as Did as Hiftory, but given to thofe of far Afferent condition; for a Free-man makes limfelf a Servant to another, by felling lim, for a certain time, the Service,he un- iertakes to do, in exchange, for Wages he s to receive : and though this commonly DUts him into the Family of his Mafter, md under the ordinary difcipline thereof; /et it gives the Mafter but a Temporary Power over him, and no greater than vhat is contained in the Contract between :hem., But there is another fort of Ser- /ants, which, by a peculiar Name, we :all Slaves, who, being Captives, taken in i juft War, are, by the Right of Nature, ubje&ed to the Abfolute Dominion, and Arbitrary Power of their Mafters. Thefe Wen having, as I fay, forfeited their Lives, md, with it, their Liberties, and loft their Sftates ; and being in the ftateof Slavery, lot capable of any Property, cannot, in that ftate, be confidered as any part of ci- /il Society ; the chief end whereof is the order vat ion of Property. ■< 8 b. Let us therefore confider a Mafter of a Family with all thefe lubordinate- Re¬ lations (304) ’ -lations of Wife, Children, Servants an Slaves, united under the domeftick rule 0 a Family ; which what refemblance fc ever it may have in its order, offices, an. number too, with a little Commonwealth yet is very far from it, both in its confti ■ tution, power and end : or if it mult b.: thought a Monarchy, and the Pater fa milias y the abiblute Monarch in it, ablo lute Monarchy will have but a very lhat tered and fhort Power, when ’tis plain,b} what has been laid before,That the Maftei of the Family has a very diftind and dif¬ ferently limited Power, both as to time and extent, over thofefeveral perfons that are in it ; for excepting the Slave (and the Family is as much a Family, and his Power as Paterfamilias as great, whether there be any Slaves in Ins Family or no) he has no Legiflative power of Life and Death over any of them, and none too but what a Miftrefs of a Family may have as well as he. And he certainly can have no abiblute power over the whole Family, who has but a very limited one over every individual in it. But how a Family, or any other Society of Men dif¬ fer from that which is properly political Society , we lhall belt lee , by conlider* ing wherein political Society it lelf con- fifts'. | *■ 87. Man ( 305 ) 87. Man being born, as has been pro- ed, w ith a title to perfect freedom, and n uncontrouled enjoyment of all the lights and Priviledges of the Law of Na- -ire, equally with any other Man, or umber of Men in the World , hath by ature a power, not only to prefervehis roperty , that is, his Life, Liberty and ftate, againft the injuries and attempt's of :her men; but to judg£ of and punifh the •eaches of that Law in others, as he is ;rfwaded the offence deferves, even with eath it felf, in Crimes where the hein- ilhefs of the fa£t, in his opinion, requires But becaufe no political Society can nor fubfift without having in it felf e power to preferve the property, and order thereunto, punifh the offences of t thole of that Society; There, and there Uy is political Society,; where every one the Members hath quitted this natural •wer, refign’d it up into the hands of 2 Community in all cafes that exclude m not from appealing for protection to ; law eftablifhed by it. And thus all pri- fe judgment of every particular Member :ng excluded, the Community comes to Umpire ; and by underftanding indif- ent rules and men authorifed by the nmunity for their execution, decides all : differences that may happen between (| ’ X any (So 6 ) 1 1 any Members of that Society, concerning any matter of right, and punifhes thofe of¬ fences which any member hath commit¬ ted againft the Society with fuch penaltie: as the law has eftablilhed; whereby it if eafy to dilcern who are, and are not, it political Society together. Thofe who art united into one Body, and have a commor eftablifli'd Law and Judicature to appea to, with Authority to decide Controver lies between them, and punilh Offenders are in civil Society one with another \ bu thole who have no fuch common Appeal I mean on Earth, are ftill in the ft ate o Nature, each being where there is no o ther, Judge for himfelf, and Executioner which is, as I have before fhew’d it, th< perfect ftate of Nature. 88 . And thus the CommonwealtI comes by a power to let down what pu nifhment lhall belong to the feveral tranl greffions they think worthy of it, com tnitted amongft the Members of that So ciety(which is the power ofmakingLaws' as well as it has the power to punifh anj injury done unto any of its Members, bj any one that is not of it, (which is th< power of War and Peace;) and all this foi the prelervation of the property of all th< Members of that Society, as far as is pol frble. But though every Man enter’d in II F;.. ( *°7 ) 3 Society, has quitted his power to pu- ifh offences againft the Law of Nature,in rolecution of his own private Judgment; 2t with the Judgment of offences which 2 has given up to the Legiflative, in all ales where he can appeal to the Magi- rate , he has given up a right to the ommonwealth, to imploy his Force for e Execution of the Judgments of the ommonwealth , 'whenever he (hall be lied to it,which indeed are his own Judg- ents, they being made by himfelf or his prefentative. And herein we have the iginal of the Legiflative and Executive )wer of Civil Society, which is to judge r ftanding Laws how far offences are to punifhed when committed within the ommonwealth; and alfo by occafional dgments founded on theprefent circum- tnces of the fa£t, how far injuries from ithout are to be vindicated, and in both efe to imploy all the force of all the embers when there fhall be need. 89. Whereever therefore any number of m fo unite into one Society, as to quit -ry one his Executive Power of the Law Nature, and to refign it to the publick, sre and there only is a political, or civil ciety. And this is done whereever any mber ot Men, in the State of Nature, :er into Society to make one People, one X 2 Body (;o8) Body Politick under one Supream Govern¬ ment ; or elie when any one joins himfelf to, and incorporates with any Government already made. For hereby he authorizes the Society, or which is all one, the Le- giflative thereof to make Laws for him as tiie publick good of the Society fhall re¬ quire ; to the Execution whereof, his own adiftance (as to his own decrees) is dueJ And this puts men out of a Bate of nature into that of a Commonwealth, by lotting up a Judge on Earth, with Authority tc determine all the Controverfies , and re- drefs the injuries that may happen to any Member of the Commonwealth ; which Judge is the Legiflative or Magiftrates ap¬ pointed by it. And whereever there are any number of Men, however alfociated, thai have no fuch decifive power to appeal to there they are Bill in the Bate of Nature 90. And hence it is evident, that Ab- lolute Monarchy which by Ibme Men i: counted for the only Government in the World, is indeed inconfiftent with civil So ciety,andlb can be noForm ofcivilGovern ment at all: For the end of civil Society being to avoid and remedy thof< inconveniencies of the hate of Natun which necelfarily follow from every Man 1 : being Judge in his own Cafe , by fetting up a known Authority , to which every on< ( 3°9 ) ane of that Society may appeal upon any njury received, or Controverfy that may irile, and which every one of the Society ought to obey. When¬ ever any per Ions are who have not fuch an authority to appeal to, and decide any difference between them there, thole perlons are hill in the hate of nature. And lo is every abiolute Prince in refpedt of thofe who are under his Do¬ minion. The public ^ Power of all Society is above every Soul contained in the fame Society \ and the principal ufe of that pow¬ er if to give Laws unto all that are under it y which Laws in fuch Ca¬ fes we mult obey , unleft there be reafm flaw'd which may necejfarily in- force , that the Law of Reafon , or of God , doth injoin the contrary, Hook. Eccl. Pol. i. §. i<5. 91. For he being fuppos’d to have all, ooth Legiflative and Executive Power in limlelf alone , there is no Judge to be bund, no appeal lies open to any one, who may fairly and indifferently, and with authority decide, and from whence relief and redrels may be expedited of any injury or inconveniency that may be liif- ered from him, or by his order. So that bch a Man, however intitled Cz.ar> or stand Signior , or how you pleale, is as much in the hate of nature, with all un¬ der his Dominion, as he is with the reft }f Mankind. For wherever any two Men X 1 are / ($ 1 °) ' ] are, who have no {landing Rule, and ccm- mon Judge to appeal to onEarth,for the de¬ termination of Controverfies of Right, be¬ twixt them, there theyare ftill in the Rate of Nature and under all the inconveniences of it, with only this* woful difference to the Subject, or rather Slave of an abfolute Prince ; That whereas, in the or- : dinary Rate of Nature, he has a liberty to judge of his Right, and ac¬ cording to the beftof his power, to maintain it: but whenever his Pro- pertyjs invaded by the Will and Order of his Monarch; he has not only no Appeal, as thofe in Society ought to have, but, as if he were degra- vmdiiy\yet if this were done with Injury unto others, it was not " j be fuffered,' but by all Men, and a'l good means to bewith- jioea. Finally , they lyiew that no Man might, inreafon, take upon mm to determine his own Right, and according to his own Determination proceed in maintenance thereof, in as much as every man is towards himfelf, and them whom he greatly affefis, partial", and therefore, that Strifes and Troubles would be end- if’ j, except they gave their common Confent, all to be ordered by jeme, whom they flmld agree upon, without which Confent, there would be noreafm that one man jhould take upon him to be Lord tr Judge over another . Hooker’/ Eccl, Pol. 1, i. §. i o. ded To tale away all fuch mutual Grievances , Inju¬ ries and 14 rongs , i. e. fuch as attend Men in the (late of Nature, There was no way but only by growing into Compofition and Agree¬ ment amongft themfelves by ordaining feme Ifind of Government public £, and by yielding them¬ felves fubjelt thereunto , that unto whom they granted Authority to rule and govern: by them the Peace , Tranquillity ,and happy Eft ate of the reft might be procured. Men always hnew that where Force and Injury was offered, they might be Defenders of them¬ felves , they fyiew that however Menmay fcel^ their own Com - I ;• (3*0 id from the common (late of rational reatures, is denied a liberty to judge of, • defend his Right, and fo is expofed to 1 the Mifery and Inconveniencies that a Ian can fear from one, who being in the ireftrained ftate of Nature, is yet cor- - upted with Flattery, and armed with lower. 92. For he that thinks abfolute Power arifies Mens Bloods, and corre&s the ifenefs of humane Nature, need read but le Hiftory of this, or any other Age, to ; convinced of the contrary. He that ould have been infolent and injurious in le Woods of America ., would not proba- y be much better in a Throne, where irhaps Learning and Religion fhall be iund out to juftifie all that he fhall do to is Subje&s; and the Sword prefently fi- nce all thofe that dare queftion it. For hat the Proteftion of Abfolute Monar- ty is; what kind of Fathers of their iountries it makes Princes to be; and to hat a degree of Happinefs, and Security carries civil Society, where this fort of overnment is grown to perfe&ion, he tat will look into the late Relation of tylon may eafily fee. 93. In Abfolute Monarchies indeed, as 'ell as other Governments of the World, le Subje&s have an Appeal to the Law, X 4 and (312 | * ; - Sao and Judges to decide any Controverfies,and reftrain any violence that may happen be¬ twixt the Subjects themfelves,one amongfl another. This every one thinks neceffary. and believes,he deferves to be thought a de¬ clared Enemy to Society and Mankind, whc fhould go about to take it away.But whethei this be from a true Love of Mankind and Society, &: luch a Charity as we ow r e all one to another, there is reafbnto doubt.For this is no more than what every Man, whc loves his own Power, Profit, or Greatnels ; may, and naturally rauft do ; keep thole Animals from hurting, or defiroying one another, who labour and drudge only for his Pleafure and Advantage; and lo are taken care of, not out of any Love the Mafter has for them, but Love of himlelf. and the Profit they bring him. For if it be asked what Security, what Fence is there, in fuch a State, againft the Violence and Oppreffion of this Ablolute Ruler? The very Queftion can fcarce be born. They are ready to tell you, that it delerves Death only to ask after Safety. Betwixt Subject and Subject, they will grant, there mult be Meafures, Laws, and Judges for their mutual Peace and Security. But as for the Ruler, he ought to be Ablolute, and is above all.fuch Circumftances; be- caule he has a Power to do more hurt and wrong, f (3*J> wrong, ’tis right when lie does it. To ask how you may be guarded from harm, or injury, on that fide, where the hrongeh hand is to do it, is prefently the Voice of Faction and Rebellion. As if when Men, quitting the Rate of Nature, entered into Society, they agreed that all of them, but one,fhould be under the reftraint of Laws ; but that he fliould hill retain all the Liber¬ ty of the hate of Nature, increaled with Power, and made licentious by Impunity. This is to think that Men are lb foolilh, that they take care to avoid what Mil- chiefs may be done them by Pole-Cats , or Foxes , but are content, nay think it Safe¬ ty, to be devoured by Lions. 94. But, whatever Flatterers may talk, to amuze Peoples Underhandings, it never hinders Men from feeling; and when they perceive that any Man, in what Station lo- ever, is out of the Bounds of the civil Soci¬ ety they are of, and that they have no Ap¬ peal, on Earth, again ft any harm they may receive from him, they are apt to think themlelves in the hate of Nature, in re- fpect of him, whom they find to be lb ; and to take care, as loon as they can, to have that Safety and Security, in civil So¬ ciety, for which it was firh inltituted, and for which only they entered into it. And therefore, though perhaps at firh, as fhall (m) be fhewed more at large hereafter, in the following part of this Difcourfe, fome one good and excellent Man having got a Preheminency, amongft the reft, had this Deference paid to his Goodnefs and Ver- tue, as to a kind of Natural Authority, that the chief Rule, with Arbitration of their differences, by a tacit Content, de¬ volved into his hands, without any other caution, but the affurance they had of his Uprightnefs and Wildom ; yet when time giving Authority, and, as fome Men would perfwadeus,Sacrednefs to Cuftoms, which the negligent, and unforeteeing Innocence of the firft Ages began, had brought in Succeffors of another ftamp, the People finding their Properties not tecure under the Government as then it was. (Whereas Government has no o- ther end but the preter- vation of Property 'could never befafe, nor at reft, nor think themfelves in civil Society, till the Le- Wifdom and Difcretion , which were to Rule, till, by experience > zh%y found this for all parts very inconvenient, fo as the thing, which they had devifed for a Remedy, did indeed but increafe the Sore, which it ftmld have cured. They faw, that colive by oneMan’sWill,became die caufe of allMens mifery. This conjirained them to come unto Laws wherein all Men might ■ ee ! ^ eir D‘ lt y beforehand, and know the Penalties of tranfgrejjing them. HookerV Eccl. Pol. J. i. §. iq. At the firft , when fome certain kind of Re¬ giment was once appoint¬ ed, it may be that no¬ thing was then farther thought upon for the man- ner of governing, but all permitted unto their gi dative * j •- (?*o giflative was fo placed in collective Bodies of Men, call them Senate, Parliament, or what you pleale, by whicli means every fingle perfon became fubjeCt equally, with other the meaneft Men, to thofe Laws, which he himlelf, as part of the Legifla- tlve, had eftablilhed; nor could any one, by his own Authority, avoid the force of the Law, when once made, nor by any pretence of Superiority plead exemption, thereby to licenle his own, or the Milcar- riages of any of his Dependants: No Man in civil Society can be exempted from the Laws of it. For if any Man may do what he thinks fit and there be no appeal on Earth, for Re- drels or Security againft any harm he fhall do ; I ask, whether he be not perfe&ly ftill in the Rate of Nature, and fo can be no Part or Member of that civil Society, un- lels any one will lay, the lfate of Nature and civil Society, are one and the lame thing, which I have never yet found any one fo great a Patron of Anarchy as to affirm. Civil Law, being the All of the whole Body Politick L, doth therefore over-rule each feveral fart of the fame Body . Hooker ibid. • CHAP. ( I % • / A i * V # # 1 ' > A ^ CHAP, VIII. Of the Beginning of Political Societies. 9 A yf E N being, as has been faid, by JLy JL Nature, all free, equal and in¬ dependent ; no one can be put out of this Eftate, and fubjeQed to the Political Pow¬ er of another, without his own Confent, which is done by agreeing,with other Men, to join and unite into a Community, for their comfortable, fafe, and peaceable li¬ ving, one amongft another, in a fecure En¬ joyment of their Properties, and a greater Security againft any that are not of it. , This any number of Men may do, becaufe it injures not the Freedom of the reft; they are left, as they were, in the Liberty of the ftate of Nature. When any num¬ ber of Men have lo contented to make one Community or Governmentjthey are there¬ by pretently incorporated, and make one Body Politick, wherein the Majority have a Right, to a£t and conclude the reft. 96. For when any number of Men, have by the confent of every individual, made a Community, they have thereby made that Community one Body, with a power to aft as one Body, which is only by the will and determination of the ma¬ jority. ( 3*7 ) iority. For that which ads any Com mu - nity, being only the confent of the indi¬ viduals of it, and it being one Body muft move one way; it is necelfary the Body fhould move that way whither the great¬ er force carries it, which is the conlent of the majority : or elfe it is impolfible it fhould ad or continue one Body , one (Community, which the confent of every individual that united into it, agreed that it fhould ; and lb every one is bound by t that confent to be concluded by the ma¬ jority. And therefore we lee, that in Ai- Ifemblies impowred to act by pofitive Laws where no number is fet, by that po- i fitiveLaw which impowers them,i the act of the majority palfes for the ad of the i whole , and of courfe determines, as ha¬ ving by the Law of Nature and Reafon, the power of the whole. . '97. And thus every Man by confenting with others to make one Body Politick, under one Government, puts himfelt un¬ der an obligation to every one of that So¬ ciety, to fubmit to the determination ot the majority, and to be concluded by it; or elfethisoriginalCompad, whereby he with others incorporates into one Society, would fignifie nothing , and be no Corn- pad if he be left free, and under no other ties than he was in before in the Rate ( ) ftate of Nature. For what appearance would there be of any Com pad ? What new engagement, if he were no farther tit u by any Decrees of the Society,than he himfelf thought fit, and did adually con- fen* to ? This would be ftill as great a li¬ berty as he himfelf had before his Corn- pad , or any one elfe in the ftate of Na¬ ture , who may fubmit himfelf and con- lent to a.ny ads of it if he thinks fit. 98. for if the content of the majority fhall not in realon be received as the ad of the whole, and conclude every indivi¬ dual ; nothing but the content of every in¬ dividual can make any thing to be the ad of the w hole, which, confidering the in¬ firmities of health, and avocations of bu- finefs, which in a number, though much lefs than that of a Commonwealth, will neceifarily keep many away from the publick A (Terribly; and the variety of O- pinions and contrariety of interefts which unavoidably happen in all Colledions of Men, ’tis next impolfible ever to be had. And therefore if coming into Society be upon fuch terms, it will be only like Ca¬ to’s coming into the Theatre, txntum tit extrer. Such a Conftitution as this would make the mighty Leviathan of a ftiorter duration.than the feebleft Creatures; and not let it outlalt the day it was born in, . which I (319) which cannot be {oppos'd till we can tthink that rational Creatures fhould de¬ fire and conftitute Societies only to be dift folved. For where the majority cannot con¬ clude the reft, there they cannot aft as one Body ; and confequently, will be im¬ mediately diffolved again. 99. Whofbever therefore, outofaftate i of Nature, unite into a Community, muft be underftood to give up all the power neceffary to the ends for which they unite into Society , to the majority of the (Community, unlels they exprefly agreed in any number greater than the majority. And this is done by barely agreeing to unite into one political Society, which is all the Compaft that is, or needs be, be¬ tween the individuals that enter into or 1 make up a Commonwealth. And thus tthat which begins and aftually conftitutes any Political Society , is nothing but the (confent of any number of Freemen capa¬ ble of majority, to unite and incorporate linto fuch a Society. And this is that, and 1 that only, which did or could give begin- ming to any lawful Government in the World. 100. To this I find two Objeftions 1 made. t. That there are no inftances 1 to be found in ftory, of a Company of Men independant and equal one amongft another, * \ ( $20 ) another, that met together, and in this way began and fet up a Government. 2. ’Tis impoffible of right that Men fhould do fo; becaule all Men being born under Government, they are to fubmit to that, and are not at liberty to begin a new one. r ioi. Tothefirft, there is this to An¬ swer, That it is not at all to be wonder’d that Hiftory gives us but a very little ac¬ count of Men that lived together in the ftate of Nature. The inconveniencies of that condition, and the love and want of Society, no fboner brought any number of I them together, but they prefently united and incorporated, if they defigned to con¬ tinue together. And if we may not fup- pole Men ever to have been in the ftate of Nature, becaule we hear not much of them in fuch a ftate; we may as well fup- I pole the Armies of SalmanaJJer, or Xerxes , were never Children,becaule w r c hear lit¬ tle of them till they were Men, and imbo- died in Armies. Government is every ' where antecedent to Records, and Letters feldom come in amongft a People till a long continuation of Civil Society , has by other more necellary arts, provided for A their Safety, Eale and Plenty. And then * they begin to look after the Hiftory of their Founders, and fearch into their ori- s ginal Ci2i) :;inal when they have outlived the memo¬ ry of it. For 'tis with Commonwealths is with particular Perfons, they are com- nonly ignorant of their own Births and infancies: and if they know any thing of t, they are beholding for it to the acci- lental Records that others have kept of t. And thole that we have of the begin* ling of any Polities in the World, except- ng that of the Jews, where God himfelf mmediately interpos’d, and which favours iot at all Paternal Dominion; are all ei- her plain instances of fuch a beginning as have mentioned, or at leaft have mani- -11 footfteps of it. 102. He muft Ihew ’a ftrange inclina- ion to deny evident matter of fa<£t when : agrees not with his Hypothefis; who vill not allow, that the beginning of iome and Venice were by the uniting Dgether of leveral Men free and indepen- ent one of another, amongft whom there ^as no natural Superiority of Subjection. °d if Jofephus Ac oft o's word may be ta- en, he tells us, that.in many parts of America there was no Government at all. here are great and apparent Conjectures, lays e, that thefe men , fpeaking of thole of eru, for a long time had neither I\jngs nor omnromvealths\ but lived in Troops , as they 7 this day in Florida , the Cheriquana*,- ^ V tltofef ( 322) thoje. of Brefil , and many other Nations which have no certain KJngs, hut as occafiot is offered in Peace or War , they choofe thei. Captains as they pleafe. 1. i. C. 25. If it b< laid, that every Man there was born fob je£t to his Father, or the head of his Fa mily. That the fubje&ion due from « Child to a Father, took not away his free dom of uniting into what political Society he thought fit, has been already proved But be that as it will, thele Men, ’tis cvi dent, were actually free; and whateve. fuperiority fome Politicians now wouk place in any of them, they themfelvei claimed it not; but by content were al equal, till by the fame confent they fei Rulers over themfeives. So that their po litick Societies all began from a voluntary Union, and the mutual agreement 0 Men freely a£ting in the choice of theii Governours, and forms of Government. , iog. And I hope thofe who went awaj from Sparta , with Palantus , mentioned b;> Jufiin l. will be allowed to have beer. Freemen independent one of another, and to have let up a Government over them; felves, by their own content. Thus I have given leveral Examples out of Hiftory, ol people free and in the ftate of Nature, that being met together incorporated and be¬ gan a Commonwealth. And if the want (? 2 $) Pfuch inftances be an argument to prove, lat Government were not, nor could not J lo begun, I fuppofe the Contenders ir Paternal Empire were better let it a- ne, than urge it againft natural Liberty: or if they can give fb many inftances out THiftory,of Governments began upon pa- rnal Right, I think (though at leaft an rgument from what has been , to what ould of right, be of no great force) one ight, without any great danger, yield em the caufe. But if I might advife em in the Cafe, they would do well not I fearch too much into the original of wernmcnts, as they have begun defatfo, l they fhould find at the foundation of oft of them , lomething very little fa- urable to the defign they promote, and :h a power as they contend for. 1104. But, to conclude, Realbn being tin on our fide, that Men are naturally e; and the Examples of Hiftory fhew- l that the Governments of the World, it were begun in Peace, had their be- ining laid on thnt foundation, and were? tde by? 1 ; the Confent of the People: lere can be little room for doubt, either lere the Right is, or what has been the union, or Practice of Mankind about : firft ereding of Governments. Y 3 ,05. I ($24) 'I , . 105.I will not deny, that if we lool back, as far as Hiftory will dire£t us, to wards the Original of Commonwealths we fhall generally find them under the Go vernment and Adminiftration of on< Man. And I am alio apt to believe, tha where a Family was numerous enough tl fubfift by it felf, and continued entire to gether, without mixing with others, as i often happens ; where there is mueh Land and few People, the Government common ly began in the Father. For the Fathe- having, by the Law of Nature, the fam< Power, with every Man elfe, to punifh, a he thought fit, any Offences againft tha Law, might thereby punifh his tranfgref ling Children, even when they wereMen and out of their Pupilage; ana they wer< very likely to fubmit to his punifhment and all join with him againft the Offende in their turns, giving him thereby powei to Execute his Sentence againft any tranf greffion, and fo in effect make him th< Law-maker and Governour over all tha ! remained in Conjun&ion with his Family Be was fitteft to betrufted; Paternal af fection fecured their Property and Interef under his Care, and the Culfom of obey ing him in their Childhood, made it ea Tier to fubmit to him rather than any 0 ther. If therefore they muft have one t< • rul< V I ,1 0*0 rrJ ule them, as Government is hardly to b e voided amongft Men that live together ; 'ho fo likely to be the Man as he that 'as their common Father, unleft Negli- snce, Cruelty , or any other defe£t of lind or Body, made him unfit for it. But r hen either the Father died, and left his ext Heir for want of Age, Wifdom, Courage, or any other qualities lels fit for .ule, or where feveral Families met and mlented to continue together: There,’tis at to be doubted, but they uled their na- lral freedom to let up him whom they >idged the ableft and moft likely to Rule r ell over them. Conformable hereunto we nd the People of America. , who living out if the reach of the Conquering Swords id fpreading domination of the two reat Empires of Peru and Mexico, enjoy’d ;ieir own natural freedom; though, caterii \ribm y they commonly prefer the Heir of leir decealed King; yet if they find him ay way weak or uncapable, they paft im by, and let up the ftouteft and bra- eft Man for their Ruler. io6. Thus, though looking back as tr as Records give us any account of eopling the World, and the Hiftory of Nations, we commonly find the Govern¬ ment , to be in one hand, ; yet it deftroys iot that which I affirm (viz.) That the L Y 5 beginning (?*«) beginning of Politick Society depends up on the conlent of the Individuals to joir into and make one Society ; who wher they are thus incorporated, might fet Uf what form of Government they thoughi fit. But this having given occafion tc Men to miftake and think, that by Nature Government was Monarchical, and be¬ long’d to the Father, it may not be amifs here to confider, why People, in the be¬ ginning, generally pitch’d upon this form, which though perhaps the Father’s Pre heminency might, in the firft inftitutior of Ibme Commonwealths, give a rile to. and place in the beginning, the Power in one hand: yet it is plain that the reafbn that continued the Form of Government in a fingle Perfbn, was not any Regard oi RefpeCt to Paternal Authority; fince all petty Monarchies, that is, almoft all Mo¬ narchies , near their Original, have been commonly, at leaf!: upon occafion, ele¬ ctive. 107. Firft then, in the beginning of things, the Father’s Government of the Childhood of thole Iprung from him, ha¬ ving accuftomed them to the Rule of one Man, and taught them, that where it was exercited with Care and Skill, with Affe¬ ction and Love to thole under it, it was fufficieht to procure and prelerve Men (ail the ( ? 2 7 ) he political Happinefs they fought for, in society.) It was no wonder that they hould pitch upon, and naturally run into bat Form of Government, which, from heir Infancy, they had been all accufto- ned to; and which, by experience, they lad found both eafie and fafe.', Jo which, f we add, that Monarchy being fimple, nd moft obvious to Men , whom neither xperience.had inft rucled in Forms of Go¬ vernment, nor the Ambition-or Infolence ; )f Empire had. taught to beware of the incroachments of Prerogative, or the In- :onveniencies of Abfolute Power; which Monarchy, in Succeilion, was <^pt? to lay :laim to, and bring upon them. It was lot at all ftrange, that they fhould not nuch trouble themfelves to think of me- :hods of reftraining any Exorbitances of :hofe, to whom they had given the Autho¬ rity over them; and of ballancing the Power of Government, by placing feveral parts of it in different hands. They had neither felt the Oppreffion 6f Tyrannical Dominion, nor did the Fafhion of the Age, nor their Poffeffions, or way of li¬ ving, which afforded little matter for Co- vetoufnefs or Ambition , give them any reafon to apprehend or provide againft it; and therefore ’tis no wonder they put themfelves into fuch a Frame of Govern- Y 4 ment, < 3 2 ? ) \ went, as was, not only, as I faid, moft obvious and Ample, but alfo beft fuited to their prefent State and Condition; which flood more in need of defence againft fo¬ reign Invafions and Injuries, than of mul¬ tiplicity of Laws, where there was but very little Property : and wanted not va¬ riety of Eulers and abundance of Offi¬ cers to difeOt and look after their Execu* tjon, where there were but few Trefpafl fes, and few Offenders. Since then, thofe who liked one another fo well as to join into Society, cannot but be fiippofed to have fbme Acquaintance and Friendfhip together, and fome.Truft one in another. They could not but have greater Appre- henfions of others, than of one another ; and therefore their firft care and thought cannot but be fiippofed to be how to fecure themfelves againft foreign Force. ’Twas natural for them to put themfelves under a Frame of Government, which might heft ferve to that end ; and chufe the wi- feft ar 4 d braveft Man to conduct them in their Wars , and lead them out againft their Enemies, and in this chiefly be their Euler, ■ t oo. Thus we fee that the Kings of the Indians, in i^slmerica, which is ft ill a Pat¬ tern of the firft Ages in and Europe, whilft the Inhabitants were too few for the % % * > • ; C'3^9) the Countrey, and want of People and Money gave Men no temptation to en¬ large their Poffelfions of Land, or conteft for wider extent of Ground ; are little more than Generals of their Armies: and though they command abfolutely in War, yet at home, and in time of Peace, they ex- ercile very little Dominion, and have but a very moderate Sovereignty ; the Refo- lutions of Peace and War, being ordinari¬ ly either in the People, or in a Council. Though the War it lelf, which admits not of Pluralities of Governours, natural¬ ly devolves the Command into the King’s foie Authority. 109. And thus in Jfrael it lelf, the chief Bufinefs of their Judges, and firft Kings, feems to have been to beCaptains in War, and Leaders of their Armies; which, (befides what is fignified by, going out and in before the People , which was, to march forth to War, and home again in the Heads of their Forces) appears plainly in the ftory of 'Jephtha. The Ammonites ma¬ king War upon Ifrael , the Gileadites , in fear, fend to Jephtha , a Baftard of theij; Family, whom they had caft off, and arti¬ cle with him, if he will afTift them a- gainft the AmmoniteSy to make him their Ruler; which they do in thefe Words, And the People made him head and captain over (h°) over them, Judg. 11. 11. which was, as it feems, all one as to be Judge. And be judg¬ ed Ifrael, Judg. 12. 7. that is, was their Captain-general, fix Tears. So when Jo- tham upbraids the Shechemites with the Obligation they had to Gideon, who had been their Judge and Ruler, he tellsthem, He fought for you, and adventured bis life far, and delivered you out of the hands'of Midi an, Judg.q.ij .Nothing mentioned of him, but what he did as a General,and indeed,that is all is found in his Hiftory, or in any of the reft of the Judges. And Abimelech parti¬ cularly is called King, though at moft he was but their General. And when, be¬ ing weary of the ill Conduct of Samuel’s Sons, the Children of Ifrael defired a King, like all the nations to judge them, and to go out before them, and to fight their bat¬ tels , 1 Sam . 8. 20. God granting their Defire, fays to Samuel, I will fend thee a man, and thou fib alt anoint him to be captain ' over rny people Ifrael that he may fave my peo- le out of the hands of the Philifiines, c. 9. v. 1 6. As if the only bufinefs of a King had been to lead out their Armies, and fight in their Defence ; and, accordingly, at. his Inauguration, pouring a Vial of Oyl upon him, declares to Saul, that, the Lord had anointed him to be Captain over his inheritance, c.io.v. i. And therefore thofe A (??*) i thole, who after Saul's being lolemnly icholen, andlaluted King by the Tribes, at . Mifpah, were unwilling to have him their' 1 King, make no other Objection but this. How Jhall this man fave its? v. 27. as if 1 they fhould have laid, litis Man is unfit 1 to be our King, not having Skill and Con- 1 du£t enough in War, to be able to defend 1 us. And when God refolved to transfer 1 the Government to David, it is in thefe Words, But now thy Kjngdom jhall not con- \ time : the Lord hath (ought him a man after bis own heart, and the Lord hath commanded him to be captain over his people, c. 1 j. v. 14. As il the whole Kingly Authority were nothing elle but to be their General: and 1 therefore the Tribes who had ftuck to Saul's Family, and oppoled David's Reign, when they came to Hebron with terms of Submilfion to him, they tell him, amonglt other Arguments they had to fubmit to him as to theirKing,That he was, in effeQ:, their King in Saul's time, and. therefore, they had no realbn but to receive him as their King now. o 4 lfo (lay they) in tifne pall, when Saul was Kjng over its, thou wajl he that ledde(l out and broughtefi in Ifrael, and the Lord faid unto thee , thou Jhalt feed my People Ifrael, and thou (halt be a Captain over Ifrael. no. Thus -<* '■’* iJtiv .: u « ■ 4 } t ,. 1 I J , j i I * ' * ’ \ * i t ^ no. Thus, whether a Family, by de¬ grees, grew up into a Commonwealth, and the Fatherly Authority being conti¬ nued on to the elder Son, every one in his turn growingup under it, tacitly lubmit- ted to it, and theeafinels and equality of it not offending any one, every one acqui¬ red, till time teemed to have confirmed it,and tetled a right of Succeffion,by Pre- fcription: or whether teveral Families, or theDeteendants of teveral Families, whom Chance, Neighbourhood, or Bufinels brought together, united into Society; the need of a General, whole Conduct might defend them againft their Enemies in War, and the great confidence the Inno¬ cence and Sincerity of that poor but ver- tuous Age, fuch as are almoft all thote which begin Governments that ever come to laft in the World, gave Men one of a - nother, made the firft Beginners of Com¬ monwealths generally put the Rule info one Man’s hand, without any other ex- prels Limitation or Reftraint, but what the Nature of the thing, and the End of Government required. It was given them for the publick Good and Safety, and to thole Ends in the Infancies of Common¬ wealths, they commonly uted it, and un- lels they had done fo, young Societies could not have fubfifted; without fuch nurfing 4 til* nurfing Fathers: without this care of the Governours, all Governments would have funk under the Weaknefs and Infirmities of their Infancy, the Prince and the Peo¬ ple had loon perifhed together. 111.But the goldenAge(tho’ before vain Ambition, and amor feeler atm habendt , evil Concupilcence had corrupted Mens minds into a Miftake of true Power and Ho¬ nour) had more Virtue, and confequently, better Governours, as well as lefs vicious Subje&s; and there was then no ftretching Prerogative on the one fide to opprefs the People; nor, confequently, on the other, any Dilute about Priviledge, to leffen or retrain the Power of the Magiftrate: and fo no conteft betwixt Rulers and People, about Governours or Government. Yet, when Ambition, and A ft a wbln f, m Luxury, m future Ages, certa - tn of R ei i- would retain, and in- ment was once approved, creafe the Power, with- ? h ™% r th'er lloughtZp- OUt doing the Bufinefs, on, for the manner of go- for which it was given, Difcretion, which were to Rule, till, by experience, they found this for all parts very inconvenient , jo as the thing, which they bad devifed for a Remedy, did indeed but increafe the Sore f which it (Jmld have cured . They faw, that to live by one Man’s Will, became the caufe of all Mens mifery. 7*j* conjhained them to come unto Laws wherein all Men might fee their Duty beforehand, and know the Penalties of tranjgrcjjir.g them. Hooker** Eccl. Poi. 1.1. §. io» , d and (m) and aided by Flattery, taught Princes to have diftinft and feparate Interefts, from their People j Men found it neceffary to examine, more carefully, the Original and Rights of Government; and to find out ways to reftrain the Exorbitances, and prevent the Abufes of that Power, which they having intrufted in another’s hands, only for their own good, they found, was made ufe of to hurt them. 1 12. Thus we may fee how probable it is, that People, that were naturally free, and, by their own content, either fubmit- ted to the Government of their Father, or united together, out of different Fami¬ lies, to make a Government; fhould ge¬ nerally put the Rule into one Man’s hands, and chute to be under the Conduct of a fingle Perfon ; without fo much, as by ex- prefs Conditions, limiting or regulating his Power, which they thought fafe e- nough in his Honefty and Prudence. Though they never dream’d of Monar¬ chy being Jure Divino , which we never heard of among Mankind, till it was re¬ vealed to us by the Divinity of this laft Age; nor ever allowed Paternal Power to have a right to Dominion, or to be the Foundation of all Government. And thus much may fuffice to fhew, that, as far as we have any light from Hifiory, we have ■ reafon < 345 ) reafbn to conclude, that all peaceful be¬ ginnings of Government have been laid in the Conlent of the People. I fay peaceful, becaufe I fball have occafion, in another [place, to fpeak of Conqueft, which fbme efteem a way of beginning of Govern¬ ments. f!, 17 he other Objection , 1 find, urged againfl the beginning of Polities , in the way I have mentioned , is this , viz. il?. That all Men being born under Government , fome or other , it is impofjible any !( of them (hould ever be free , and at liberty , to unite together , and begin a new one , or ever be table to ereff a lawful Government. If this (Argument be good; I ask, how came fo 1 many lawful Monarchies into the World ? for if any body, upon this fuppofition, can fhew me any one Man, in any Age of the World, free to begin a lawful Mo- 1, narchy; I will be bound to fhew him Ten (Other free Men at liberty, at the fame (time, to unite and begin a new Govern- iment under a Regal, or any other Form. It being demonftration, that if any one, born under the Dominion of another, may be fo free, as to have a right to command 1 others, in a new and diftin£t Empire; eve* i ry one that is born under the Dominion of of another may be fo free too, and may become a Ruler, or Subjetf, of a diftinffc leparate Government. And fo by this their own Principle , either all Men however born are free, or elfe there is but one law¬ ful Prince, one lawful Government in the World. And then they have nothing to do but barely to fhew us which that is. Which when they have done, I doubt not but all Mankind will eafily agree to pay obedience to him. 114. Though it be a fufficient Anfwer to their Objection to fhew, that it involves them in the fame difficulties that it doth thole they ufe it againft; yet I fhall en¬ deavour to difcover the weaknefs of this Argument a little farther. All men, fay they, are born under Go¬ vernment, and therefore they cannot be at li¬ berty to begin a new one. Every one is born a Subject to his Father, or his Prince, and is therefore under the perpetual tie of Subjection and allegiance. Tis plain, Mankind ne¬ ver owned nor confidered any fiich natu¬ ral fubje&ion that they were born in, to one or to the other, that tied them, with¬ out their own contents, to a fubje£fion to them and their Heirs. J _ % a * m? - 11 5. For there are no Examples fo fre¬ quent in Hiftory, both facred and prO- phane, as thole of Men withdrawing 1J themtelves,' ( 557 ) themfelves, and their Obedience, from, the Jurifdi&ion they were born under, and the Family or Community they were bred up in , and letting up new Govern¬ ments in other places, from whence Iprang all that number of petty Commonwealths in the beginning of Ages, and which ab- ways multiplied as long as there was room enough, till the ftronger, or more fortu¬ nate fwallow’d the weaker ; and thole great ones again breaking to pieces, dilTol* ved into lelfer Dominions. All which are lb many teftimonies againft paternal So- veraignty, and plainly prove, That it was not the natural right of theFather defend¬ ing to his Heirs, that made Governments in the beginning; fince it was impoffible, upon that ground, there Ihould have been lo many little Kingdoms , but only one univerlal Monarchy, if Men had not been at liberty to leparate themfelves from their Families and their Government, be it what it will that was let up in it, and go and make diftinft Commonwealths and other Governments as they thought fit. 11 6. This has been the pra&ice of the World from its firft beginning to this day: aor is it now any more hindrance to the freedom of Mankind, that they are born ander conftituted and ancient Polities? I - Z * that ' . (^8) ; 'J l i .that have eftablifhed Laws and fet Forms of Government, than if they were born in the Woods , amongft the unconfined Inhabitants that run loofe in them. For thofe whowould perfwade us,that by being born under any Government, we are na¬ turally Subjects to it, and have no more any title or pretence to the freedom of the ftste of Nature, have no other reafon (ba¬ ting that of Paternal Power, which we have already anfwer’d) to produce for it, but only becaufe our Fathers or Progeni¬ tors palfed away their natural Liberty, and thereby bound up themlelves and their Pofterity to a perpetual fubjeftion to the Government, which they themlelves fub- mittedto. Tis true, that whatever En¬ gagements or Promiles any one made for himfelf, he is under the obligation of them, but cannot by any Compact what- loever, bind his Children or Pofterity. For his Son, when a Man, being altoge¬ ther as free as the Father, any aft of the Father can no more give away the liberty of the Son, than it can of any body elle. He may indeed annex fuch Conditions to i the Land he enjoyed , as a Subject of any i Commonwealth, as may oblige his Son to be of that Community , if he will enjoy thole Polfellions which were his Fathers; becaule that Eftate being his Fathers Pro- . • petty, I .( 339 ) jfperty, he may difpofe or fettle it as he pleales. 117. And this has generally given the occafion to the miftake in this matter; be- caufe Commonwealths not permitting any part of their Dominions to be dilmembred, nor to be enjoyed by any but thole of their Community , the Son cannot ordinarily enjoy the PofTeflions of his Father, but under the lame Terms his Father did; by becoming a Member of the Society; whereby he puts himlelf prelently under :he Government, he finds there efiablilh- ;d, as much as any other Subjeft of that Commonweal. And thus the Con lent of ?ree-men, born under Government, which Dnly makes them Members of it, being given leparately in their turns, as each x>mes to be of Age, and not in a muiti- :ude together; People take no notice of t, and thinking it not done at ali, or not leceflary, conclude they are naturally Sub- efts as they are Men. 118. But, *tis plain,Governments them- elves underftand it otherwile; they claim 10 Power over the Son,becaule of that they lad over the Father; nor look on Chih Wren as being their Subjefts, by their Fa- hers being lo. If a Subjeft of England lave a Child, by an Englijb Woman, in France, whole Subjeft is he? Not the Z 2 King f ( 34 °) King of Englands\ for he muft have leave to be admitted to the Priviledges of it. Nor the King of Frame s ; for how then has his Father a liberty to bring him away, and breed him as he pfeafes: and who ever was judged as a Tray tor or Deferter, if he left, or warr’d agakft a Countrey, for being barely born in it of Parents that were Aliens there ? *Tis plain then, by the Pra&iee of Go¬ vernments ifeemfelves, as well as by the Law of right Reaion, that a Child is born a Subjefb of no Country nor Government. He is under his Father’s Tuition and Au¬ thority, till he come to Age of Difcreti- ©ri; and then he is a Free-man, at liberty what Government he will put himfelf un¬ der 5 what Body Politick he will unite himfelf to. For if an Englifh-Man's Son, horn in Frame, be at liberty, and may do ib, Tis evident there is no Tye upon him, by Iris Father s being a Subjefl: of that Kingdom; nor is he bound up, by any Ccrapaff of his Anceftors: and why then hath not his Son, by the fame reafon, the fame liberty, though he be born any where etfe! Since the Power that a Father hath naturally, over his Children, is the fame, where-ever they be born; and the Tics of natural Obligations, are not bounded the pofitive Limits of Kingdoms and mon wealths. , 119. Every ■' , C?4*) 119. Every Man being, as has been fhewed, naturally free, and nothing be¬ ing able to put him into fubje&ion to any earthly Power, but only his own Conlent: It is to be confidered, what fliall be under- itood to be a lufficient Declaration of a Man’s Conlent, to make him fubjeft to the Laws of any Government. There is a common diftin&ion of an exprefs, and a tacit Conlent; which will concern our prelent Cale. No body doubts but an ex- prels Conlent, of any Man, entering into any Society, makes him a perfe£l Mem¬ ber of that Society, a Subject of that Go¬ vernment. The difficulty is, what ought to be look’d upon as a tacit Conlent, and how far it binds, i. e. how far any one ihall be looked on to have contented, and thereby fubmitted to any Government, where he has made no Expreffions of it at all. And to this I lay, that every Man, that hath any Poffelfion, or Enjoyment, of any part of the Dominions of any Go¬ vernment, doth thereby give his tacit iConlent, and is as far forth obliged to [Obedience to the Laws of that Govern¬ ment, during luch Enjoyment, as any one under it ; whether this his Poflelfion be of Land, to him and his Heirs for ever, or a Lodging only for a Week; or whether it be barely travelling freely on the High- Z 3 way; I (?4 2 ) way; and, in Effect, it reaches as far as the very being of any one within the Ter¬ ritories of that Government. 120. To underftand this the better, it is fit to confider, that every Man, when he, at firlf, incorporates himfelf into any Commonwealth, he, by his uniting him¬ felf thereunto, annexed alfo, and fubmits to the Community thofe PofTeflions, which 5 he has, or fhall acquire, that do not al¬ ready belong to any other Government. For it would be a direCt Contradiction, for any one, to enter into Society \fcith others for the fecuring and regulating of Pro¬ perty: and yet to fuppofe his Land, whofe Property is to be regulated by the Laws of the Society, fhould be exempt from the JurifdiCtion of that Government, to which he himfelf, and the Property of the Land, is a SubjeCt. By the fame ACt therefore, whereby any one unites his Perfbn, which was before free, to any Commonwealth; by the fame he unites hisPofTeffions, which were before free, to it alfo ; and they be¬ come, both of them, Perfbn and Poffeffi- on, fubjeCt to the Government and Domi¬ nion of that Commonwealth, as long as it hath a being. Whc-ever therefore, from thenceforth, by Inheritance,purchafes Per- miffion, or otherwife enjoys any part of the Land, fo annext to, and under the A • ■. ‘ ’.; -. , . Govern^ •J ' (3-4?) Government of that Commonweal, muft take it with the Condition it is under; that !, is, offubmitting to the Government of the (Commonwealth, under whofeJurifdiftion i it is, as far forth, as any Subject of it. 121. But fince the Government has a • dire£t Jurifdi&ion only over the Land, and reaches- the PofTeffor of it, ['before he lhas aftually incorporated himfelf in the ‘ Society) only as he dwells upon, and en¬ joys that: the Obligation any one is un- i der, by Virtue of fiich Enjoyment, to fub- i mit to the Government, begins and ends i with the Enjoyment; fo that when-ever the Owner, who has given nothing but t fiich a tacit Confent, to the Governt- iment, will, by Donation, Sale, or other* i wife, quit the laid PofTefTion : He is at Ut ! berty to go and incorporate himfelf into any other Commonwealth, or agree with < others to begin a new one, in vachU locis , in any part of the World they can find Ifree and unpofTeffed : whereas he that has once, by actual Agreement, and any ex- prefs Declaration, given his Confent to 1 be of any Commonweal, is perpetually and indifpenfably obliged to be, and remain unalterably a Subject to it, and can never be again in the liberty of the ftate of Nature; unlefs, by any Calamity, the Government, he was under, comes to be diffolved. Z 4 ,122. But C 344 ) 122. But fubmitting to the Laws of any Countrey; living quietly, and enjoy¬ ing Priviledges and Prote&ion under them, makes not a Man a Member of that Soci¬ ety ; ’tis only a local Protection and Ho¬ mage due to, and from all thole, who, not being in a Bate of War, come within the Territories belonging to any Government, to all parts whereof the force of its Law extends. But this no more makes a Man a Member of that Society , a perpetual Subject of that Commonwealth ; than it would make a Man a Subject to another in whole Family he found it convenient to abide for Ibme time; though, whilft he continued in it, he were obliged to comply with the Laws, and fubmit to the Go¬ vernment he found there. And thus we fee, that Foreigners, by living all their Lives under another Government, and en¬ joying the Priviledges and Protection of it, though they are bound, even in Con¬ fidence, to lubmit to its Adminift ration, as far forth as any Denilbn; yet do not thereby come to be Subjects or Members of that Commonwealth. Nothing can make any Man lo, but his a&ually enter¬ ing into it by pofitive Engagement, and exprels Promife and Compaft. This is that, which I think, concerning the begin¬ ning of Political Societies, and that Con¬ tent (340 lent which makes any one a Member of any Commonwealth. CHAP. IX. - Of the Ends of Political Society and Government. ii 25. TF Man in the ftate of Nature be lo free as has been (aid; If he be ab- ifolute Lord of his own Perlon and PoiTef- I lions, equal to the greateft, and fubjetf to no Body , why will he part with his Freedom, this Empire, and fubjefl: him* llelf to the Dominion and Controul of any other Power? To which tis obvious to (Anlwer, that though in the ftate of Na¬ ture he hath fuch a right, yet the Enjoy- 1 ment of it is very uncertain, and conftant- ly expofed to the Invaiion of others; for all being Kings as much as he, every Man his Equal, and the greater part no ftrift Oblervers of Equity and Juilice; the en¬ joyment of the property he has in this ftate is veryunlafe, very unfecure. This makes him willing to quit this Condition, which however free, is full of fears and continual dangers: and’tis not without reafon, that he leeks out, and is willing to join in So¬ ciety with others who are already united, Ji*. ' or ( 34 6 ) or have a mind to unite for the mutual pretervation of their Lives, Liberties and Eftates, which I call by the general name, Property. 124. The great and chief end therefore, of Mens uniting into Commonwealths, and putting tnemtelves under Govern¬ ment,^ the pretervation of their Property. To which in the ftate of Nature there are many things wanting. Firfi , There wants an eftablifh’d, tet- led, known Law, received and allowed by common content to be the Standard of Right and Wrong, and the common mea- fure to decide ail Controverfies between them. For though the Law of Nature be plain and intelligible to all rational Crea¬ tures; yet Men being biaffed by their in- tereft , as well as ignorant for want of ftudy of it, are not apt to allow of it as a Law binding to them in the application of it to their particular Cates. 12 Secondly , In the State of Nature there wants a known and indifferent judge , with Authority to determine all differences according to the eftablifhed Law. For every one in that ftate being both Judge and Executioner of the Law of Nature, Men being partial to them- telves, Paffion and Revenge is very apt to carry them too far , and with too much ( 347 ) heat in their own Cafes, as well as negli¬ gence and unconcernednefs, make them too remils in other Mens. 126. Thirdly , In the ftate of Nature there often wants Power to back and fup- port the Sentence when right, and to give it due Execution. They who by any injuftice offended, will feldom fail, where they are able, by force to make good their Injuftice ; fitch refiftance many times makes the punifhment dangerous, and fre¬ quently deftru&ive to thole who at¬ tempt it. 127. Thus Mankind, notwithftanding all the Priviledges of the ftate of Nature, being but in an ill condition while they remain in it, are quickly driven into So¬ ciety. Hence it comes to pafs, that we feldom find any number of Men live any time together in this State. The incon- veniencies that they are therein expofed to, by the irregular and uncertain exercife of the Power every Man has of punifhing the tranfgreftions of others, make them take Sanctuary under the eftabliflfd Laws of Government, and therein feek the pre- fervation of their Property. ’Tis this i makes them fo willingly give up every (one his fingle power of punifhing to be exercifed by fitch alone as fhall be appoin¬ ted to it amongft them; and by fuch Rules . - as ; ( as the Community, or thofe authorifed by them, to that purpofe fhall agree on. And in this we have the original right and rife of both the Legifiative and Executive Power, as well as of the Governments and Societies themfelves. 128. For in the ftate of Nature, to omit the liberty he has of innocent delights, a Man has two Powers. The fir ft is to do whatfbever he thinks fit for the preferva- tion or hitnfelf and others within the per- million of the Law of Nature; by which Law, common to them all, he and all the reft of Mankind, are one Community, make up one Society diftinft from all o- ther Creatures , and were it not for the corruption and vitioufnefs of degenerate Men, there would be no need of any et¬ cher, no neceflity that Men fhould fepa- rate from this great and natural Commu¬ nity, and alfociate into lelfer Combinati¬ ons. The other power a Man has in the ftate of Nature, is the power to punifh the Crimes committed againft that Law. Both thefe he gives up when he joins in a private, if I may fo call it, or particular Political Society, and incorporates into any Commonwealth, feparate from the reft of Mankind. 129. The fir ft power, viz. of doing what fee ver he thought fit for the prefer^ . . \ . vation I f?49 : ) nation of himfelf, and the reft of Mankind, he gives up to be regulated by Laws made by the Society, fo far forth as the prefer- vation of himfelf and the reft of that So¬ ciety fhall require ; which Laws of the Society in many things confine the liberty he had by the Law of Nature. £ 150. Secondly, The power of punching ‘he wholly gives up, and engages his natu¬ ral force, which he might before imploy in the Execution of the Law of Nature, by his own fingle Authority, as he thought fit, to a (Tift theExecutive Power of the So¬ ciety-, as the Law thereof fhall require. For being now in a new State, wherein he is to enjoy many Conveniencies from the labour, affiftance and fociety of others in the fame Community, as well as protecti¬ on from its whole ftrength ; he is to part alfo with as much of his natural liberty, in providing for himfelf, as the good, profperity and fafety-of the Society fhall require; which is not only neceffary but juft, fince the other Members of the So¬ ciety do the like. 151. But though Men when they enter i into Society, give up the Equality, Liber- ■ ty, and Executive Power they had in the ftate of Nature, into the hands of the So¬ ciety, to be fb far difpofed of by the Legi- flative, as the good of the Society fhall re¬ quire ; I . ( ^ o) quire; yet it being only with an intenti¬ on in every one, the better to prelerve himlelf, his Liberty and Property. (For no rational Creature can be fuppoled to change his condition with an intention to be worfe) the power of the Society, or Legillative, conftituted by them, can ne¬ ver be fuppos’d to extend farther than the common good; but is obliged to lecure every ones Property by providing againft thole three defeats above-mentioned, that made the ft ate of Nature lo unlafe and urb* ealy. And fo whoever has the Legillative or fupream Power of any Common¬ wealth, is bound to govern by eftablifh’d ftanding Laws, promulgated and known to the People , and not by Extemporary Decrees; By indifferent and uprightjudg- es, who are to decide Controverfies by thole Laws. And to imploy the force of the Community at home, only in the Ex¬ ecution of liich Laws , or abroad to pre¬ vent or redrels Foreign Injuries, and le¬ cure the Community from Inroads and Invafion. And all this to be direQed to no other end, but the Peace, Safety, and publick good of the People. CHAP. : (HO- ' - ' / • * * i , i ji,• - * • ;> • i i . rf X j « | , V, * 4t • -a ^ ■ v. i * * t , » 0 * •k * ** > " Tt ' ^ % ' • . *, ^ & ‘ C H A P, X. Of the Forms of a Commonwealth. 132. *"1 'H E Majority having, as has M been fhew’d, upon Mens firft uniting into Society, the whole power of the Community, naturally in them, may imploy all that power in making Laws for the Community from time to time, and Executing thole Laws by Officers of their own appointing; and then the Form of the Government is a perfe£l Democracy: Or elfe may put the power of making Laws into the hands of a few lele£i Men, and their Heirs or Succeffors ; and then it is an Oligarchy : Or elle into the hands of one Man, and then it is a Monarchy: If to him and his Heirs, it is an Hereditary Monarchy : If to him only for Life, but upon > his Death the Power only of nomi¬ nating a Succeffor, to return to them; an Elective Monarchy. And fo accordingly of thele make compounded and mixed Forms of Government, as they think good. And if the Legiflative Power be at firft given by the Majority to one or more Per- * Ions only for their Lives, or any limited time, and then the Supream Power to re¬ vert to them again; when it is lo reverted, » ' > 1■ • ’ • the . , ( *50 the Community may difpole of it again a- new into what hands they pleafe, and fo conftitute a new Form of Government. For the Form of Government depending upon the placing the Supream Power, which is the Legiflative, it being impoflk ble to conceive , that an inferiour Power fhould prefcribe to a Superiour, or any but the Supream make Laws, According as the Power of making Laws is placed, fuch is the Form of the Commonwealth. in- B y Commonwealth , I muft be underftood all along to mean, not a De¬ mocracy, or any Form of Government, but any Independent Community which the Latins fignified by the word Civitas , to which the word which belt anfwers in our Language, is Commonwealth, and moft properly expreffes fuch a Society of Men, which Community does not, For there may be fubordinate Communities in a Government; and City much lels ; and therefore to avoid ambiguity, I crave leave to ule the word Commonwealth in that fence; in which lenfe I find the word ufed by K. James himlelf, which I think to be its genuine fignification ; which, if any Body diflike , I content with ,him to change it for a better. . - ' V '*.1 CHAP.I ( 353 ) f ? CHAP. XI. [i> • a m * : j ** m, - Of the Extent of the Legiflative Power. 134. TTH E great end of Mens enter- 1 in g into Society, being the en- joyment of their Properties in Peace and Safety , and die great inftrument and means of that being the Laws eftablifh’d in that Society : The firft and fundamen¬ tal pofitive Law of all Commonwealths, is the eftablilhing of the Legiflative Power, is the firft and fundamental natural Law which is to govern even the Legiflative: t felf is the preservation of the Society, ind (as far as will confift with the publick jood) of every perfoninit. This Legifla- :iye is not only the liipream power of the Homraon wealth, but lacred and unalter- ible in the hands where the Community lave once placed it; nor can any Edict )t any Body elfe, in what form foever conceived, or by what Power foever lacked, have the force and obligation of i’Law, which has not its Sanction from hat Legiflative which the publick has holen and appointed : for without this he Law could not have that which is ab- ' blutely necellary to its being a Law, the onlent of the Society, over whom no ’ T ; A a ‘ Body (M4> f ] The lawful Power of Body can have a power SSSJ to make Laws but by men, belonging fo properly their own conient, and by Authority received from them; and there¬ fore all the Obedience, which by the moft fb- lemn ties any one can be obliged to pay, ulti¬ mately , terminates in this Supream Power,! and is directed by thofe Laws which it enaQs; nor can any Oaths to any Foreign Power whatfoever, or any Do- meftick fubordinate Power, dilcharge any to command whole politic^ of the Society multitudes of Men, there- r , . i • _ v* fore utterly without our from hlS ObCulCIlCC tO the Legi dative , a£ting purfuant to their truft, nor oblige him to any Obedience contrary to the Laws fo enafted, or farther than they do al¬ low ; it being ridiculous to imagine one can be ti¬ ed ultimately to obey a- ny Power in the Society which is not the Supream. , h 135. Though unto the fame intire Socie¬ ties, that for any Prince or Potentate of what kind fever upon Earth, to ex- ercife the fame of himfelf, and not by exprefs Commif- fun, immediately andper- finally. received from God, or elfe by authority derived at the firft from their con- fent, upon whofe perf ns they impofe Laws, it is no better than meer Tyranny . Laws they are not there¬ fore which publicly appro¬ bation hath not made fo • HookerV Eccl. Pol. 1. 1 . §. 1 o. Of this point there¬ fore we are to note, that fttb Men naturally have m fuU and perfeZi Power Confent, we could in fuch fort be at no Mans Com¬ mandment living . And to be commanded we do con¬ fent when that Society, whereof we be a part,hath at any time before confen- ted, without revoking the fame after by the like uni- verfal agreement . Laws therefore human, of what kind foever, are available by confent . Ibid, 4 ( ) f 135. Though the Legiflative, whether placed in one or more, whether it be al¬ ways in being, or only by intervals,though it be the Supream Power in every Com¬ monwealth ; yet, it is not, nor can polfibly be abiolutely Arbitrary, over the Lives and Fortunes of the People. For it being but the joint power of every Mem¬ ber of the Society given up to that perfon, or Affembly, which is Legiflator; it can be no more than thole perlons had in a (fate of Nature before they enter’d into Society, and gave it up to the Communi¬ ty. For no Body can transfer to another more power than he has in himlelf; and no Body has an ablolute Arbitrary Power Dver himlelf, or over any other, to de- (froy his own Life, or take away the Life ar Property of another. A Man, as has - aeen proved, cannot lubjeft himfelf to the Arbitrary Power of another ; and having n the Bate of Nature no Arbitrary Power )ver the Life, Liberty, or PolTeffion of mother, but only fo much as the Law of Slature gave him for the prelervation of limlelf, and the reft of Mankind ; this is - ill he doth, or can give up to the Com- nonwealth , and by it to the Legiflative ?owen, fo that the Legitlative can have to more than this. Their Power in the ut- noft bounds of it, is limited to the pub- s] ■. ■■ . ° [ A a 2 lick () lick good of the Society. It is a Power that hath no other end but prelervation, therefore can never have a right to deftroy, enfiave, or defignedly to impoverifh the Sub¬ jects; the obligations of the Law of Nature ceale not in Society, but on- . 7 .. ly in many Gales are which we call the Law of a d rawn elder, and have Coinmonwealjhe'ierySoHl . ,• T . of a poiitki^Body,the parts by humanLaws.known Penalties annexed to Two Foundations there tcre which bear up public ^ Societies , the one a natural inclinationhereby all Aten defire Jociable Life and Fellow(Jnp\ the other anOr- der , exprefly orfecretly a- geeeduponjouchingtbeman- ner of their union in In ing together * 5 the latter is that whereof are by Law ant mated , held together , and fet on wo>\ in fuch actions at the common good requi¬ red). Laws politicor¬ dain d for external order and regiment amongfl Men 9 are never framed as they ftmldbe , unlefs prefuming the will of Man to be in¬ wardly obftinate , rebelli¬ ons , and aveife from all obedience to the Caered 0 Laws of his nature *, in a word , unlefs pre fuming Man to be in regard of his depraved Mind , little bet¬ ter than a wild Be aft ,t hey do accordingly provide not- withjianding , fo to frame his outward aft mis^ that they be no hindrance unto the common good for which Societies are tnftituted, Vniefs they do this they are not perfett . HookerV Ec» Pol.l, l t §v lO. them, to inforce their obfervation. Thus the Law of Nature Hands as an Eternal Rule to all Men, Legifiators as well as others. The Rules that they make for o- ther Mens a£lions,muft as well as their own, and other Mens addons, be conformable to the Law of Nature, e. to the will of God, of which that is a Declara¬ tion, and the fundamen¬ tal Law of Nature be¬ ing the prelervation of Mankind, no humane . Sanction ( 357 ) Sanftion can be good or valid againll it. i $6. Secondly , The Legiflative, or Su- oream Authority, cannot aflume to its ; elf a power to Rule by extemporary Ar¬ bitrary Decrees, but is ■■■■ bound to difpenle Ju- ftice , and decide the Rights of the Subject by promulgated Rand- ing Laws, and known Authoris'd Judges. For the Law of Nature be¬ ing unwritten , and fo no where to be found but in the minds, of Men,they who through Paflionor Interefffhall mil-cite,or milapply it, cannot lo eafily be con¬ vinced of their miftake where there is no eftablillfd Judge: and jfo it lerves not as it ought, to determine the Rights, and fence the Properties of thole that live under it, efpecially where every one is Judge, Interpreter, and Exe¬ cutioner of it too,and that in his ownCafe: and he that has right on his fide,having or* dinarily but his own fingle ftrength, hath not force enough to defend himlelf from Injuries, or puniflh Delinquents. To avoid thele Inconveniencies which -dilorder v A a 5 Mens Humane I. aws are mea- fures in rejpeft of Men rvhofe a$ions they mud di- reft, bow be it fuck mea- jures they are as have alfi their higher Rules to be meafwed by , which Rules are two, the Law of God , and the Law of Nature j fo that Laws humane mud be made according to the general Laws of Nature> and without contradiction to any pofttive Law of Seri- pture , otherwife they are ill made. Ibid . 1 .3. § 9. To conftrain Men to any thing inconvenient doth feem wire a finable. Ibid, 1 . 1. 1 o. ( 558 ) Mens Properties in the Hate of Nature, Men unite into Societies, that they may have the united Hrength of the whole So¬ ciety to Secure and defend their Properties, and may have Handing Rules to bound it, by u’hich every one may know w'hat is his. To this end it is trat Men give up all their natural power to the Society they enter into, and the Community put the Legislative Power into Such hands as they think fit, with this truR, that they fhall be govern’d by declared Law's, or elle their Peace, Quiet and Property, will Rill be at the lame uncertainty as it w r as in the Hate of Nature. • : 13 7. Abfolute Arbitrary Pow 7 er, or Go¬ verning without fetled Handing Law's,can neither of them confiR with the ends of Society and Government , which Men would not quit the freedom of the Hate of Nature for, and tie themfelves up under, ' were it not to preferve their Lives, Liber¬ ties and Fortunes; and by Hated Rules of Right and Property to Secure their Peafce i^nd Quiet. It cannot be Suppos’d, that they Should intend, had they a power So to do, to give any one or more an abso¬ lute Arbitrary Power over their Perfons and EHates, and put a force into the Ma- gifirates hand to execute his unlimited Will arbitrarily upon them: this were to put I V. - (?59> jut themfelves into a worfe condition maa :he ftate of Nature, wherein they had a Liberty to defend their Right againft the Injuries of others, and were upon equal terms of force to maintain it, whether h> yaded by a fingle Man, or many in Com¬ bination. Whereas by fuppofingthey have given up themfelves to the ablblute Arbi¬ trary Power and Will of a Ltgifiator, they have difarmed themfelves, and armed him to make a prey of them when he pleafesi He being in a much worfe condition, that is expofed to the Arbitrary Power of one Man who has the Command of ioogoc. than he that is expos’d to the Arbitrary Power of iooooo. fingle Men, no Boay being fecure, that his Will, who has fuch a Command, is better than that of other Men, though his Force be i oooco. times ftronger. And therefore whatever Form the Commonwealth is under, the Ruling Power ought to govern by declared and received Laws, and not by extempory di¬ lates and undetermin’d Refblutions. For then Mankind will be in a far worfe con¬ dition than in the ftate of Nature, it they fhail have armed one or a few Men with the joint power of a multitude, to force them to obey at pleafure the exorbitant and unlimited decrees of their hidden thoughts , or u^rertrain’d , and till that A a 4 moment ( l&°) moment unknown Wills without having j any meafures Let down which may guide \ and juftifie their actions.For all the power the Government has,- being only for the good of the Society, as it ought not to be Arbitrary and at Fleafure: fo it ought to be exercifed by eftablifhed and promulga¬ ted Laws j that both the People may know their Duty, and be fafe and fecure within the limits of the Law, and the Ru¬ lers too kept within their due bounds, and not be tempted by the power they have in their hands to imploy it to purpofes, and by fuch meafures as they would not have known, and own not willingly. 138. Thirdly , The SupreamPower can¬ not take from any Man any part of his Property without his own content. For the pretervation of Property being the end of Government, and that for which Men enter into Society, it necelfarily fuppotes and requires, that the People fhould have Property, without which they muft be jfuppos d to lote that by entering into So¬ ciety, which was the end for which they entered into it. Too grols an abfurdity for any Man to own. Men therefore in Society having Property , they have fuch a r;ght to the goods, which by the Law of the Community are theirs, that no Bod v hath a right to take them, or ^iy part of them, ' f i ( ) from them, without? their own confent; without this they have no Property at all. For I have truly no Property in that which another can by right take from me when he pleafes, againft my confent. Bence it is a miftake to think, that the Supream or Legiflative Power of any Commonwealth, can do what it will, and difpofe of the Elfates of the Subjebf arbitrarily, or take any part of them at pleafure. This is not much to be fear’d in Governments where the Legiflative confifts wholly or in part in AlTemblies which are variable , whole Members upon the diffolution of the Af- fembly , are Subjebts under the common Laws of their Country, equally with the reft. But in Governments, where the Le¬ giflative is in one lafting Alfembly, always in being, or in one Man , as in abfolute Monarchies , there is danger ftill, that they will think themfelves to have a di- ftinQ: intereft from the reft of the Com¬ munity , and lb will be apt to increafe their own Riches and Power by taking what they think fit from the People. For a MansProperty is not at all fecure,though there be good and equitable Laws to let the bounds of it between him and his f ellow Subje&s, if he who commands thole Sub- je£ts, have power to take from any pri¬ vate Man what part he pleales of his Pro- ., . perty. C ) perty, and ufe and difpofe of it as he thinks good. ; , 159. But Government into whofefeever hands it is put, being as I have before fhew’d, intrufted with this condition, and for this end , that Men might have and fecure their Properties, the Prince or Senate, however it may have power to make Laws for the regulating of Property between the Subje&s one amongft another, yet can never have a Power to take to themfelves the whole, or any part of the Subjects Property , without their own confent. For this would be in effect to leave them no Property at all. And to let us fee, that even abfolute Power, where it is neceflary, is not arbitrary by being abfelute, but is ftill limited by that reafen, and confined to thofe ends which requi¬ red it in iome Cafes to be abfolute, we need look no farther than the common practice of Martial Difeipline. For the prefer vn tion of the Army, and in it of the whole Commonwealth, requires an ablo* lute Obedience to the Command of every j fuperiour Officer, and it is juftly Death to difobey or difpute the moft dangerous or unreafonable of them ; but yet we fee, that neither the Serjeant that could com¬ mand a Souldier to march up to the mouth of a Cannon, or ftand in a Breach where he (?« 3 ) ie is almoft fure to perifh ; can command hat Souldier to give him one penny of his noney •• nor the General that can con- lemn him to Death for delerting his Poll, >r not obeying the moll: defperateOrders, :annot yet with all his abfolute Power of Jfe and Death, dilpofe of one Farthing )f that Souldiers Eftate, or feize one jot }f his Goods; whom yet he can command my thing , and hang for the lead: difobe- lience. Becaufe liich a blind Obedience is \ _ tecelfary to that end for which the Com¬ mander has his Power , viz,, the prefer- /ation of the reft, but the difpofing of his Toods has nothing to do with it. 140. ’Tis true* Governments cannot be imported without great Charge, and ’tis it every one who enjoys his fhare of the Protection, fhould pay, out of hisEftate, lis proportion for the maintenance of it. 3 ut ftilfit muftbe with his own Confent, e. the Confent of the Majority, giving t either by themfelves , or their Repres¬ entatives chofen by them ; for if any one Fall claim a Power to lay and levy Taxes Dn the People, by his own Authority, and ' without Rich confent of the People, he :hereby invades the Fundamental Law of Property, and fubverts the end of Govern¬ ment. For what property have I in that Which another may by rigl!t take when lie pleafes to himfelf. 141. ✓ transfer the Power of making Laws to any other hands, for it being but a dele¬ gated Power from the People, they who have it cannot pals it over to others. The People alone can appoint the Form of the Commonwealth, which is by Conftuuting' the Legiflative, and appointing in whole hands that fhall be. And when the People' have laid, We will fubmit,andbe govern’d by Laws made by fuch Men, and in fuch Forms; no Body elle can fay other Men fhall make Laws for them : nor can they be bound by any Laws but fuch as are Enafted by thofe whom they have Cho- len, and Authorifed to make Laws lor them. ' jV' 142. Thele are the Bounds which the truft that is put in them by the Society, and the Law of God and Nature, have let to the Legiflative Power of every Com¬ monwealth, in all Forms of Government: Firflr, They are to govern by^promulga- ted eftablifh’d Laws, not to be varied in particular Cafes, but to have one Rule for Rich and Poor , for the Favourite at Cniirf-. and fhe rinunfrw Man nr Plnnrrh ( 3 ^ 5 ) he People , without the Conlent of the >eople, given by themlelves, or their De¬ ities. And this properly concerns only uch Governments where the Legiflative 5 always in being, or at leaft where the >eople have not relerv'd any part of the xgiflative to Deputies, to be from time o time cholen by themlelves. Fourthly, ^egiflative neither muft nor can transfer he Power of making Laws to any Body •He, or place it any where but where the J eople have. CHAP. XII. If the Legiflative , Executive , and Federa¬ tive Power of the Commonwealth. 143. E Legiflative Power is that f w'hich has a right to direct how the Force of the Commonwealth fhall be imploy’d for prelervingthe Com¬ munity and the Members of it. Becaule thole Laws which are conftantly to be Executed, and whole Force is always to continue, may be made in a little time; therefore there is no need that the Legifla¬ tive fhould be always in being, not ha¬ ving always bulinels to do. And becaule it may be too great temptation to humane frailty, . ( ) ^ frailty, apt to grafp at Power, for the fame Perfons who have the Power of ma¬ king Laws., to have alfo in their hands the power to execute them, whereby they may exempt themfelves from Obedi¬ ence to the Laws they make, and lint the Law, both in its making and execution, to their own private advantage, and there¬ by come to have a diftinQ: intereft from the reft of the Community, contrary to the end of Society and Government. Therefore in well Order’d Common¬ wealths, where the good of the whole is fo confidered as it ought, the Legiflative Power is put into the hands of divers Per- fons, who duly Aflembled, have by them¬ felves, or jointly with others, a Power to make Laws, which when they have done, being feparated again, they are themfelves fubjeft to the Laws they have made ; which is a new and near tie upon them to take care that they make them for the publick good. 144. But becaufe the Laws that are at once, and in a fhort time made, have a conftant and lafting force, and need a per¬ petual Execution, or an attendance there¬ unto: Therefore ’tis neceffary there fhould be a Power always in being, which fhould fee to the Execution of the Laws that are made, and remain in force. And thus .< ; u 1 , . the r C 3«7 ) :he Legiflative and Executive Power come jften to be leparated. 145. There is another Power in every Commonwealth, which one may call na¬ tural, becauft it is that which anfwers to the Power every Man naturally had before be entered into Society. For though in a Commonwealth the Members of it are di- ftin£t Perlons ftill in reference to one ano¬ ther , and as 1'uch are governed by the Laws of the Society ; yet in reference to the reft of Mankind, they make one Body, which is, as every Member of it before was, ftill in the ftate of Nature with the reft of Mankind : lo that the Controver- fies that happen between any Man of the Society with thole that are out of it, are managed by the publick; and an injury done to a Member of their Body, engages the whole in the reparation of it. So that under this confideration, the whole Com¬ munity is one Body in the ftate of Nature, in refpeft of all other States or Perlons out of its Community. 146. This therefore contains the Power of War and Peace, Leagues and Alliances, and all the Tranla£tions, with all Perlons and Communities without the Common¬ wealth, and may be called Federative, if any one pleales. So the thing be under- ftood, I am indifferent as to the name. 4 147. Theft 0*8 > 147- Thefe two Powers, Bxecutiveand Federative, though they be really diftinft in themfelves, yet one comprehending the Execution of the Municipal Laws of the Society within its felf, upon all that are parts of it; the other the management of thelecurity and intereftof the publick with¬ out, with all thole, that it may receive be¬ nefit or damage from, yet they are always almoft united. And though this Federa¬ tive Power in the well or ill management of it be of great moment to the Common¬ wealth, yet it is much lels capable to be directed by antecedent, Handing, pofitive Laws, than the Executive; and lo mull necelfarily be left to the Prudence and Wildom of thole whole hands it is in, to be managed for the publick good. For the Laws that concern Subjects one amongft another, being to direct their a&ions, may well enough precede them. But what is to be done in reference to Foreigners, depending much upon their actions, and the variation of defigns and interefts mult be left in great part to the Prudence of thole who have this Power committed to them, to be managed by the beft of their Skill for the advantage of the Common¬ wealth. ra i 148. Though, as I laid, the Executive and Federative Power of every Commu¬ nity ]£ : (' 3 ^ 9 ) nity be really diftinft in themfelves, yet they are hardly to be feparated and placed at the lame time in the hands of diftinft PerfonSi For both of them requiring the force of the Society for their exercife, it is almoft impracticable to place the Force of the Commonwealth in diftinft, and not fubordinate hands; or that the Executive and Federative Power fbould be placed in Perlons that might aft feparately, where¬ by the Force of the publick would be un¬ der different Commands, which would be apt fometime or other to caufe difbrder and ruin. CHAP. XIII. i • * *"* t ’ / * * * • * * * *. S • * • *1 . " Of the Subordination of the Powers of the Commonwealth . • • 149- ^1 'Hough in a Conftituted Com- 1 monwealth, Handing upon its own Baiis,and afting according to its own nature, that is, afting for the prefervati- on of the Community , there can be but one Supream Power, which is the Legilla- tive, to which all the reft are and mult be fubordinate, yet the Legiflative being only a Fiduciary Power to aft for certain snds, there remains ftill in the People a v •> * B b Supream ($ 7 °) Supream Power to remove or alter theLe- giflative, when they find the Legiflative aft contrary to the truft repoled in them. For all Power given with truft for the at¬ taining an end, being limited by that end, whenever that endismanifeftly neglected, or oppofed, the truft muft neceftarily be forfeited, and the Power devolve into the hands of thole that gave it , who may place it a-new where they fhall think belt for their fafety and fecurity. And thus the Community perpetually retains a Su¬ pream Power of having themfelves from the attempts and defigns of any Body,eyeni of their Legiflators, whenever they fhall be fo foolifh, or fo wicked, as to lay and! carry on defigns againft the Liberties and Properties of the Subjed. For no Man or 4 * . Society of Men, having a Power to deli¬ ver up their Prefervation, or conlecjuent- ly the means of it; to the abfolute Will, and arbitrary Dominion of another; when ever any one fhall go about to bring them into fuch a Slavifh Condition, they wilij always have aright to preferve what they have not a Power to part with; and to rid themfelves of thole who invade this Fundamental , Sacred , and unalterable Law of Self-Prefervation, for which they enter’d into Society. And thus the Com¬ munity may be laid in this relped, to be - always , d r (m) always the Supream Power, but not as confidered under any Form of Govern-, ment, becaule this Power of the People can never take place till the Government be dilFolv'd. 150. In all Cafes, whilft the Govern¬ ment fublifts , the Legiflative is the lu- pream Power. For what can give Law^ to another muft needs be. fuperiour to him ; and fince the Legiflative is no other- wile Legiflative of the Society, but by the right it has to make Laws for all the parts, and every Member of the Society prelcri- bing Rules to their actions , and giving aower of Execution where they aretranF ^refled, the Legiflative muft needs be the Supream , and all other Powers in any Members or parts of the Society, derived from and fubordinate to it. ; 1 ; V J. • or ( 17 s ) of fome, who being prefent, and acquain- i ted with the date of. publick affairs, might make ufe of this Prerogative for the publick good ? And where elfe could this be fb well placed as in his hands who was intruded with the Execution of the Laws for the fame end ? Thus fuppofmg the regulation of times for the Affemblingj and Sitting of the Legiflative, not fetled by the original Conftitution, it naturally fell into the hands of the Executive; not as an Arbitrary Power depending on his good pleafure, but with this truft always to have it exerciled only for the publick Weal, as the Occurrences of times and change of affairs might require. Whether letled periods of their Convening, or a liberty left to the Prince for Convoking the Legiflative, or perhaps a mixture of both, hath the lead inconvenience attend¬ ing it, S tis not my bufinefs here to inquire, but only to Ihew, that though the Execu¬ tive Power may have the Prerogative of Convoking and dilfolving fuch Conventi¬ ons of the Legiflative, yet it is not there¬ by fuperiour to it. 157. Things of this World are in fo conftant a Flux, that nothing remains long in the lame State. Thus People, Riches, Trade, Power, change their Sta¬ tions ; flourifhing mighty Cities come to • ' ' ■ ; •" ruine. j ' (?79) uine, and prove in time neglefted defo- ate Corners, whilft other unfrequented places grow into populous Countries,fill’d vith Wealth and Inhabitants. • But things lot always changing equally, and private ntereft often keeping up Cuftoms and Pri- Pledges when the realons of them are cea¬ sed, it often comes to paks* thatinGovern- nents, where part of the Legiflative con- fifts of Reprefentatives cholen by the Peo¬ ple, that in traft of time, this Reprelen- :ation becomes very unequal and dilpro- aortionate to the realons it was at firft iftablilh’d upon. To what grols abfur- dities the following of Cuftom when Rea- fon has left it may lead, we may be latif- 5ed when we lee the bare name of a Town, if which there remains not lo much as the •uins, where Icarce lo much Houfing as i Sheepcoat, or more Inhabitants than a shepherd is to be found , lend as many Reprefentatives to the grand Alfembly of Law-makers, as a whole County nume¬ rous in People,and powerful in riches. This Strangers ftand amazed at, and every one muft confels needs a remedy. Though mod think it hard to find one, becaule the Con- ftitution of the Legiflative being the ori¬ ginal and fupream aft of the Society, an¬ tecedent to all pofitive Laws in it, and de¬ pending wholly on the People, no inferi- our (j8o) our Power can alter it. And therefore the People, when theLegiflative isonceCon- ftituted,having in fiich aGovernment as we have been fpeabing of, no Power to ad as long as the Government ftands; this in¬ convenience is thought incapable of a re* medy. 158 . Sains Populi Supremo. Lex , is cer* tainly fo juft and fundamental a Rule, that he who fincerely follows it cannot dan* geroufly err. If therefore the Executive, who has the Power of Convoking the Le- giflative, obferving rather the true propor¬ tion than fafhion of Reprelentation, regu¬ lates not by old cuftom, but true reafbn, the number of Members, in all places, that have a right to be diftindly reprefented, which no part of the People, however in¬ corporated , can pretend to ; but in pro¬ portion to the a ill ft a nee which it affords to the publick, it cannot be judg’d to have let up a new Legiflative, but to have re- ftored the old and true one, and to have re&ified the diforders which lucceflidn of time had . inienfibly as well as inevitably introduced ; for it being the intereft as well as intention of the People to have a fair and equal Reprelentative ; whoever brings it neareft to that, is an undoubted Friend to, and Eftablifher of the Govern¬ ment, and cannot mils the Content and Approbation ( 3 g O) Approbation of the Community. Preroga- ive being nothing butaPower in the hands )f thePrince to provide for the publick good, n filch Cafes, which depending upon un- orefeen and uncertain Occurrences, cer- ain and unalterable Laws could not fafely lireCt. Whatfbever fhall be done mani- eftly for the good of the People, and efta* difhing the Government upon its true foundations, is, and always will be, juft derogative. The Power of Erebling new Corporations, and therewith new Repre¬ sentatives , carries with it a fuppofition, :hat in time, the mealiires of reprefenta- :ion might vary , and thofe have a juft right to be reprefented which before had none; and by the fame reafon, thole ceafe ;o have a right, and be too inconfiderable for fuch a priviledge which before had it. Tis not a Change from the prefent State which perhapsCorruptionor decay has in¬ troduced, that makes an Inroad upon the Government,but the tendency of it to injure or opprefs the People, and to fet up one part or Party with a diftincfion from, and an unequal lubjebtion of the reft. What¬ fbever cannot but be acknowledged to be of advantage to the Society and People i^ general, upon juft and lafting meafures, will always, when done, juftify it felf; and whenever the People fhall chufe their * . ' Reprefentatives 082 ) Reprefentatives upon juft and undeniably equal meafures , fuitable to the originals Frame of the Government, it cannot be doubted to be the will and a£t of the So¬ ciety , whoever permitted or propos’d to them fo to do. v ; * • i f ■ i ----—_ ■ ? ’.’y/iJ' w . . * e % . f CHAP. XIV. . , ' ,* <~i l v_ ' ) * -. , v | | j Of Prerogative. '■'pjt ' .* • l • w * 'vr t •* fi * =• •»«" * J »• rl* /fv 9 i 159. \ 71 7 Here the Legiflative and Ex- y V ecutive Power are.in diftin£t hands,asthey are in all moderatedMonar- chies and well-framed Governments, there the good of the Society requires, that le- veral things fhould be left to the difcre- tion of him that has the Executive Power. For the Legiflators not being able to fore¬ fee and provide, by Laws, for all that may be ufeful to the Community, the Ex¬ ecutor of the Laws having the power in his hands, has by the common Law of Nature, a right to make ufe of it for the good of the Society, in many Cafes where the municipal Law has given no directi¬ on, till the. Legiflative can conveniently be Affembled to provide for it; nay many things there are which the Law can by no means provide for, and thofe muft neceL ' farily i () arily be left to the dilcretion of him that ias the Executive Power in his hands, to De ordered by him as the publick good and idvantage fhall require ; nay, ’tis fit that :he Laws themlelves, fhould in Ibme Ca- es, give way to the Executive Power, or :ather to this Fundamental Law of Nature ind Government, viz. That as much as may be, all the Members of the Society ire to be preferved. For fince many acci- lents may happen wherein a ftridl and ri- ?id obiervation of the Laws may do harm, is not to pull down an innocent Mans Houle to Itop the Fire when the next to t is burning; and a Man may come Ibme- rimes within the reach of the Law, which makes no diftin&ion of Perlons , by an iftion that may deferve reward and par¬ don. ’Tis fit theRuler fhould have aPower in many Cafes to mitigate the leverity of the Law, and pardon lome Offenders, li nee :he end of Government, being the preler- vation of all as much as may be, even the guilty are to be Ipared where it can prove no prejudice to the innocent, i ■ 160. This Power to a ft according to dilcretion for the publick good , without the prelcription of theLaw, and lometimes even againft it, is that which is called Pre¬ rogative ; for fince in lome Governments the Law-making Power is not always in jr ' ' being, ( I 8 4 ) being, and is ufually too numerous, and fo too flow for the difpatch requifite to Execution; and becaufe alfo it is impoffi- ble to forefee, and fo by Laws to provide for all accidents and neceflities that may concern the publick, or make fuch Laws as will do no harm, if they are Executed with an inflexible rigour on all occafions,] and upon aiiPerlbnsthat may come in their way , therefore there is a latitude left to the Executive Power, to do many things of choice which the Laws do not pre- Icribe. i i < 5 1. This Power whilft imployed for the benefit of the Community, and fuit- ably to the truft and ends of the Govern* ment, is undoubted Prerogative, and ne¬ ver is queftioned. For the People are very leldom, or never fcrupulous or nice in the point,or queftioning of Prerogative,whilft it is in any tolerable degree imploy’d for the ule it was meant, that is, the good of the People, and not manifeftly againft it. But if there comes to be a queftion between the Executive Power and the People,about a thing claimed as a Prerogative ; the ten¬ dency of the exercife of fuch Prerogative, to the good or hurt of the People, will eafily decide that queftion. 162. It is eafy to conceive, that in the Infancy of Governments, whenCommon- * wealths I (385) ■» • wealths differed little from Families in number ofPeople, they differ’d from them too,but little in number of Laws : and the Sovernours being as the Fathers of them, watching over them for their good, the Government was almoft all Prerogative. A few eftablifh’d Laws ferved the turn, ind the dilcretion and care of the Ruler iipply’d the reft. But when miftake or lattery prevailed with weak Princes, to nake ufe of this Power for private ends-of heir own, and not for the publick good, :he people were fain by exprefs Laws, to ;et Prerogative determin’d in thofe points vherein they found difadvantage from it.* Ind declared limitations of Prerogative n thofe Cafes which they and their An- eftors had left in the utmoft latitude, to he Wifdom of thofe Princes who made no ther but a right ufe of it, that is, for the ;ood of their People. 163. And therefore they have a very vrong notion of Government, who fay,' hat the People have incroach’d upon the derogative when they have got any part if it to be defined by pofitive Laws. For 1 fo doing they have not pulled from the dince any thing that of right belong’d to im, but only declared, that that Power vhich they indefinitely left in him, or his inceftors hands, to be exercifed for their : ' C c . good. I (3S6) good, was not a thing they intended him, rwhgu he ufed if otherwise. For. the End of Government being the good of the Community, whatfbever alterations are made in it, tending to that end, cannot be an incroachment upon any body; finoe no body, in Government, can have a right tending to any otlier end. And thofe qnfyj are incroachments which prejudice or hin¬ der the pib.'ick good. Thofe who fay other wile, (peak as if the Prince had a di- ifinei and feparate Interefi: from the good Of the ColS^unity, and was not made for it. Xhe Root and Source from which fpring slmoft all thofe Evils and Difbr- ders, which happen in Kingly Govern¬ ments.. And indeed, if that be fo, the People, under his Government, are not a Society of Rational. Creatures, entered in¬ to a Cooimunity, for their mutual good, filch as have let Rulers over themfelves, to guard and promote that good; but are to be looked on as an Herd of inferiour Creatures, under the Dominion of a Ma¬ iler, who keeps them, and works them, for his own Pleafure or Profit. If Men were fo void t of Reafon, and brucifh, as to enter into Society upon fuch Terms, Prerogative might indjeed be, what fome Men would have it, an Arbitrary Power to do things hurtful to tfie People. ■j 164. But ( ) 164. But fince a Rational Creature can- ot be fuppoled, when free, to put him- df into Subje&ion to another, for his wn harm: (though where he finds a good nda wife Ruler, he may not, perhaps, link it either necefiary or ufeful to fet recile Bounds to his Power in all things) ’rerogative can be nothing but the Peo- les permitting their Rulejrs to do feveral lings of their own free choice, where le Law was filent, and lometimes too gainft the direct Letter of the Law, for >e publiek good, and their acquielcing in when lo done. For as a good Prince, 'ho is mindful of the truft put into his inds, and careful of the good of his Peo- !e, cannot have too much Prerogative, latis, Power to do good: So a weak id ill Prince, who would claim that ower his Predeceffors exerciled, without le direction of the Law, as a Prerogative donging to him by Right of his Of* :e, which he may exercife at his plealure, ► make or promote an Intereft diftincd om that of the publiek, gives the Peo- e an occafion to claim their Right, and nit that Power, which, whiilt it was [ercifrd for their good,, they were cou¬ nt fhould be tacitly allowed. 165. And therefore he that will look to til? Hifiory of England will find that C c 2 Prero- 088 } Prerogative was always largeft in the hands of our wifeft and beft Princes: Be- caufe the People oblerving the whole ten¬ dency of their Aftions to be the publick , good, or if any humane frailty or miftake ( for Princes are but Men, made as others) appear’d in fbme fmall declinations from that end; yet 7 twas vifible, the main of their Conduct tended to nothing but the care of the publick. The People there¬ fore finding reafon to be fatisfied with thefe Princes, whenever they afted with¬ out, or contrary to the Letter of the Law, acquiefced in what they did, and without the leaft complaint, let them inlarge their Prerogative as they pleafed,judging rightly that they did nothing herein to the preju¬ dice ofthcirLaws/incethey a£ted conform-! able to the Foundation and End of all! Laws, the publick good. i! ' J 166. Such God-like Princes indeed had fbme Title to Arbitrary Power, by that Argument that would prove Abfolute Mo¬ narchy the bell Government,as that which God himfelf governs the Univerfeby, be- caufe fuch Kings partake of his Wifdom and Goodnefs. Upon this is founded that faying, That the Reigns of good Princes have been always mod: dangerous to the Liberties of their People. For when their SucceiTors, managing the Government : . : i ; '. * with < ? 89 0 with different Thoughts, would draw the Aftions of thole good Rulers into Prece¬ dent, and make them the Standard of their Prerogative; as if what had been done only for the good of the People, was a right in them to do for the harm of the People, if they lo plealed : It has often occafioned Conteft, and lometimes publick Dilorders, before the People could recover their original Right, and get that :o be declared not to be Prerogative which truly was never lb: fince it is im- ooflible any body, in the Society, fhould 2ver have a right to do the People harm, diough it be very poflible and re-alonable :hat the People fhould not go about to et any Bounds to the Prerogative of thole Kings or Rulers, who themlelves tranf- 5reffed not the Bounds of the publick *ocd. For Prerogative is nothing but the Power of doing -publick good, without u Rule. 167. The Power of calling Parliaments n England , as to precile time, place, and Juration, is certainly a Prerogative of the King, but ftill with this truft, that it fhall :>e made ule of for the good of the Nation, is the exigencies of the Times, and vari¬ ety of Occafion fhall require. For it be- ng impoffible to forelee which fhould al¬ ways be the fitteft place for them to al- * V Cc j femble 090 ) lemble in,and what the beftfeafbn;thechoice of thefewas left with theExecuti vePower,as might be beft fubfer.vient tothepublick good,and beft iuit the ends of Parliaments. 168. The 6ld Queftion will be asked in this matter of Prerogative, But who fhall be Judge when this PowetR made a right ufe of? I anfwef: Between an Exe¬ cutive Power irt*being, with fuch a Prero¬ gative, and a Legiflative that depends upon his will for their convening, there can be no Judge on Earth. As there caW be none between the Legiflative and the! People, fhould either the executive, or the Legiflative, when they have got the Pow¬ er in their hands, defign, or go about to enflave or deftroy them. The People have no other remedy in this, as in all other! cafes, where they have no Judge on earth, but to appeal to Heaven. For the Ru¬ lers, in fuch atternpts, exerciflng a Pow¬ er the people never put into their hands, who can never be Juppofed to content that any body fhould rule over them for their harm, do that which they have not a right to do. And where the Body of the People, or any Angle Man, are deprived of their Right, or are under the Exercite of a power without right, having no Appeal on earth, they have a liberty to appeal to Heaven, wheii-ever they judge the Caufej (m > >f fufRcient moment. And therefore, hough the People cannotbs Judge, fo as o have, by the Conftitution of that So- iety, any Superiour poweh, to determine nd give effedfive Sentence in the cafe; yet :hey have referv’d that ultimate Deter¬ mination to themlelves, which belongs to dl Mankind, where there lies no Appeal . >n Earth; by a Law antecedent, and-pa- •amount to ail pofitive Laws of. Meiiy vhether they have juft Caufe to make heir Appeal to Heaven. And this Judg¬ ment they cannot part with, it being out >f a Man’s power fo to fubmit himltif to mother, as to give him a liberty to de* droy him ; God and Nature never aliow- cg a Man fo to abandon himfeif, as td tegleft his own prefervation. And fince ae cannot take away his own Life, ^ neir ;her can he give another power to take it. Nor let any one think this lays a perpe* :ual foundation for Difbrdef ; for this oper¬ ates not till the Inconvenience is fo great, that the Majority feel it, and are weary of it, and find a necefiity to have it amend¬ ed. And this the Executive Power, or wife Princes never need come in the dan¬ ger of. And ’cis the thing, of all others, they have moft need to avoid, as, of all others, the moft perilous. C c 4 CHAP. ( 392 ) : A I* — -i 4 J & J CHAP. XV. - • ' V of Paternal, Political , W Defptical Power, conjidered together, m*‘ % 1 f \ \ 4- > • J ^ ■ u ^ . j J ^ * J i I j r h ■ 169.'Though I have had occafion.to .1 fpeak of thefe feparately be¬ fore, yet the great miftakes, of late, about Government, having, as I fuppole, arilen from confounding thefe diftindt Powers one with another, it may not, perhaps, be amifs', to confider them here together. 170. Firjl then, Paternal or Parental Power, is nothing but that which Parents have over their Children, to govern them, for the Childrens good, till they come to the ule of Reafon ,,ora Rate of Know^ ledge, wherein they may be fuppofed ca¬ pable to underhand that Rule, whether it be the Law of Nature, or the municipal Law of their Countrey, they are to go¬ vern themielves by: Capable, I fay, to know it, as well as feverai others, who live as Free-men under that Law. The Affedtionand Tendernefs God hath plant¬ ed in the breads of Parents, towards their Children, makes it evident, that this is not intended to be a fevere, Arbitrary Go¬ vernment; but only for the Help, Inftru- £tion, and Prefervation of their Oif-fpring. 'h - - '*•' > ' ' ' But ( m ) 3ut, happen it as it will, there is, as I lave proved, no reafon why it fhould be Fought to extend to Life and Death, at iny time, over their Children, more than Dver any body elfe, or keep the Child in ubjeftion to the Will of his Parents, when ^rown to a Man, and the perfedfc life of Reafon, any farther, than as having re¬ vived Life and Education from his Pa¬ rents, obliges him to RefpeH, Honour, Gratitude, AffiFance, and Support, all his Life, to both Father and Mother. And thus, ’tis true, the Paternal is a natural Government; but not at all extending it felf to the Ends and Jurifdi&ions of that which is Political. The Power of the Father doth not reach at all to the Pro¬ perty of the Child, which is only in his own difpofing. ...... 171. Secondly, Political Power is that 'Power, which every Man, having in the Fate of Nature, has given up into the hands of the Society, and therein to the Governours, whom the Society hath let over it lelf, with this exprefs, or tacit Truft, That it fhall be imployed for their good, and the prefervation of their Property : Now this Power, which every Man has in the Fate of Nature, and which Lhe parts with to the Society , in all fuch cafes where the Society can fecure him, ( 394 ) is to ufe fuch meins for the preferving of his own Property, as he thinks good, and Nature allows him; and to punifh the Breach of the Law of Nature in others ; fb as (according to the belt of his Rca- fbn) may moft conduce to the prelerva- tion of himfelf, and the reft of Mankind; lo that the end and meafiire of this Pow¬ er, when in every Man’s hands, in the ftate of Nature, being the prefervatiori of ail of his Society,that is,all Mankind in general. It can have no other end or mea¬ sure, when in the hands of the Magiftrate, but to prelerve the Members of that So¬ ciety , in their Lives, Liberties, and Pof- feffions; and fo cannot be an Abfolute, Ar¬ bitrary Power over their Lives and For¬ tunes, which areas much as poffible to be preferved; But a Power to make Laws, and annex fuch Penalties to them, as may tend to the prefervatiori of the whole, by cutting off thole Parts, arid thole only, which are lo corrupt, that they threaten the found and healthy, without which no j ieverity is, lawful. And this Power has its Original only from Compact and A- greement, and the mutual Confent of fhofe who make up tire Community. 1 ij2. Thirdly , Defpotical Power is an Abfolute, Arbitrary Power, one Man has over another, to take away his Life when- * ' - ever ; (? 95 !) ever lie pleafes; and this is a Power, which neitherNature gives, for it has madfe no fuch diftindioft between on? Man ahd another, nor Compad can cOilvey. /Pbir Man, not having fuch an Arbitrary P6W-- er over his own Life, cannot give a tint! let Man fetch a Power over it, but it-is the effed only of forfeiture, which*the Ag- greffor makes of his owii Life, when he puts himielf into the ftate of Wat with another. For having quitted Realbit, which God hath given to be the P.ule be¬ twixt Man and Min, and the peacedblt ways which thattCache?, and made ufe 6f Force to compafs his uiijuft ends upon another, where he has no right, he ren¬ ders himielf liable to be deftrpy6d by his rAdverlary, wheri-ever he can , as any other noxious and brutifh Ctedhire that iis deftrudive to his Being. And thus Ca¬ ptives , taken in a juft and lawful War, and fuch only, are lubjedto a Delpotical Power, which as it ariles not from Com- • pad, lo neither is it capable of any, but is the ftate of War continued. For what Compad Can be made with a Man that is not Mafter of his own Life? What Con¬ dition can he perform ? And if he be once allowed to be Mafter of his own Life, the Defpoticai, Arbitrary Power of his Ma¬ fter ceales. He that is Mafter of himielf, and ( 19 6 ) and his own Life, has a right too to the means of preferving it; fo that as loon as Compaft enters, Slavery ceafes, and he lo far quits his Abfolute Power, and puts an end to the ftate of War, who enters in¬ to Conditions with his Captive. 173. Nature gives the firft of thefo, •viz. Paternal Power, to Parents, for .the Benefit of their Children, during their Minority, to fupply their want of Abili¬ ty , and underftanding how to manage their Property. (By Property I mult be underftood here , as in other places, to mean that Property which Men have in their Perlons as well as Goods.,) Volunta¬ ry Agreement gives the fecond, viz. Po¬ litical Power, to Governours, for the Bene¬ fit of their Subjects, to lecure them in the PofTeflion and Ule of their Properties, And Forfeiture gives the third, Delpoti- cal Power, to Lords, for their own Be¬ nefit over,thole who are ftripp’d of all Property. 174. He that Ihall confider the diftinfl: rile and extent, and the different ends of thele leveral Powers, will plainly lee that Paternal Power comes as far fhort of that of the Magiftrate, as Defpotical exceeds it; and that Abfolute Dominion, how¬ ever placed, is lb far from being one kind of civil Society, that it is as inconliftent with 097 ) with it as Slavery is with Property. Pa* ternal Power is only where Minority makes the Child incapable to manage his Property* Political where Men have Pro¬ perty in their own difpolal; and Delpo- eical over fuch as have no Property at all. CHAP. XVI. Of CONQVEST. 175. npHough Governments can origi- 1 nally have no other Rile, than that before mentioned, nor Polities be founded on any thing but the Conlent of the People; yet fuch has been the Disor¬ ders, Ambition has fill’d the World with, that in the noile of War, which makes lo great a part of the Hiftory of Mankind, this Conlent is little taken notice of: and therefore many have niiftaken the force of Arms for the Conlent of the People, and reckon Conqueft as one of the Originals of Government. But Conqueft is as far from letting up any Government, as de¬ molishing an Houle is from building a ! new one in the place. Indeed it dften t makes way for a new Frame of a Com¬ monwealth, by deftroying the former; 0 . 98 )'. • hvt, without the Content of the People;' can q^yer eye& a new one. . *" , .» ;'i.i«74iiA^^|e Aggreffar, who puts hiriiielf intQithe itate of War with another, and uqjujily invades another Man’s right, by %h an unjuft \Var, never come to have a right over the Conquered, will be eafily agreed by all Men, who will not fhink that Robbers and Pyrates have a Right of Empire over whomfoever they have Force enough to mafter, or. that Men are bound by promiles, which un¬ lawful Force extorts from them. Should a Robber bfeak into my Houle, and with a Dagger at my Throat, make me leal Deeds to convey my Eftate to him, would this give him any Tide? juft luch a Ti¬ tle by his Sword, has an unjuft Conque- rour, who forces me into Submillion. The Injury and the Crime is equal, whe¬ ther committed by the wearer of a Crown, or lome petty Villain. The Tide of the Offender , and the Number of his Fol¬ lowers make no difference in the Offence, unlels it be to aggravate it. The only difference is, Great Robbers punilh little ones to keep them in their Obedience; but the great ones are rewarded with Lau- yeisand Triumphs, becaule they are too big for the weak hands of Juftice, in this World, and have the Power in their own polfellion ( 399 ) . 1 poffeffion which fhould punifh Offenders. What is my Remedy againft a Robber that lo broke into my Houle ? Appeal to the Law for Juftice. But perhaps Juftice is deny’d, or I am crippled and cannot ftir; IRobbed and have not the means to do it. Ilf God has taken away all means of leek- ing remedy, there is nothing left but Pa¬ tience- But my Son, when able, may ileek the Relief of the Law, which I am denyed : he or his Son may renew his Ap¬ peal, till he recover his Right. But the Conquered, or their Children, have no Court, no Arbitrator on Earth to appeal to. Then they may appeal, as 'Jephtba, did, to Heaven, and repeat their Appeal, till they have recovered the native Right of their Anceftours, which was, to have fuch a Legifiative oyer them, as the Majority iliould approve, and freely acquielce in. If it be objected, this would caule endlels trouble; I anfwer, No more than Juftice does, where Ihe lies open to. all that appeal to her. He that troubles his Neighbour, without a Caule, is punilhed for it, by the Juftice of the Court he appeals to. And he that appeals to Heaven, muft be Ture he has Right on his fide; and ajljght too tfiat is worth the Trouble and Colt of i the. Appeal , as he will anfwer at a Tribunal , that . cannot be deceived, and ( 4 °° ) Will be fure to retribute to every one ac- 1 cording to the Mifchiefs he hath created to his Fellow-Subjefts; that is, any part of Mankind. From whence ’tis plain, that he that conquers, in an unjuft War, can thereby have no Title to the Subjecti¬ on and Obedience of the Conquered. 177. But# fuppofmg Victory favours the right fide, let us eonfider a Conque- rour in a lawful War, and lee what Power he gets, and over whom.. Firfi , ’Tis plain he gets no Power by t his Conqueft over thole that Conquered with him. They that fought on his fide cannot fuffer by the Conqueft, but muft, at leaft, be as much Free-men as they were . before. And moft commonly they lerve upon Terms, and on Condition to fhare with their Leader, and enjoy a part of the . Spoil, and other Advantages that attend the conquering Sword : Or, at leaft, have a part or the fubdued Countrey beftowed upon them. And the conquering People, are not, I hope, to be Slaves by Conqueft, I and wear their Laurels only to ftiew they 1 are Sacrifices to their Leader’s Triumph. They that found Abfolute Monarchy up¬ on the Title of the Sword, make their He* roes, who are the Founders of fuch Mo- i narchies , arrant Draw- can-Sirs , and forget they had any Officers and Souldiers : that I ' k • ( 401 ) that fought on their fide, in the Battles they won, or a {lifted, them in the fubdu- ing, or fhared in poflefting the Countries they Matter’d. We are told by fome, that the Englilh Monarchy is founded in the Norman Conqueft , and that our Princes iave thereby a Title to ablolute Domini- in : which if it were true, (as by the Hi- fory it appears other wile) -and that WU- 'iam had a right to make War on -this Band; yet his Dominion by Conqueft, :ould reach no farther than to the Saxons md Britans , that were then Inhabitants of this Country. The Normans that came vith him, and helped to Conquer, and ill defended from them are Freemen, and 10 Subjects by Conqueft > let that give vhat Dominion it will. And if I, or any tody elle, (hall claim freedom, as derived rom them, it will be very hard to prove he contrary : And 5 cis plain , the Law hat has made no diftindtion between the »ne and the other , intends not there hould be any difference in their Freedom r Priviledges. 178. But fuppofing, which feldom lappens , that the Conquerers and Con¬ ner’d never incorporate into one People, inder the fame Laws and Freedom. Let s lee next, what Power a lawful Con- [uerer has over the fubdued, and that I D d fay ( 4° 2 y 0y ] s purely Defpotical. He has an Ab- folute Power over the Lives of thofe, who, by an unjuft War,, have forfeited them; but not over the Lives or Fortunes of thole, who ingaged not in the War, nor ever the Poflefiions even of thofe who were a&ually engaged in it. 179. SetomUf, I fay then the Conque- rour gets no Power but only over thofe who have a&ually aflifted, concurred, on confented to that unjuft force that is ufed againft him. For the People having gi ven to their Governours no Power to d< an unjuft thing,fuch as is to make an un juft War/for they never had fuch a Pow¬ er in themfelves:) They ought not to bej charged, as guilty of the violence and in- juftice that is committed in an unjuftjj War, any farther than they actually abe it, no more than they are to be though guilty of any Violence or Oppreffton their Governours IJiould ufe upon the People themfelves, or any part of their Fellow- Subje&sthey having impowered them no more to the one than to the other. Conquerours, *tis true, feldom trouble themfelves to make the diftin&ion , but j they willingly permit the confufion of War to fweep all together; but yet this alters not the Right: for the Conquerour’s Power over the Lives of the Conquered, - . . i. being ( 4 °$) * ■ being only becaufe they have uled force to do or maintain an injuftice, he can have that power only over thole who have cen¬ tr’d in that force , all the reft are inno- :ent; and he has no more title over the people of that Country, who have done lim no injury, and lo have made no for- eiture of their Lives, than he has over my other, who without any injuries or provocations , have lived upon fair terms vithhim. 180. Thirdly, The Power aConquerer $ets over thole he overcomes in a juft War, s perfe&ly delpotical; he has an ablolute tower over the Lives of thole, who by putting themlelves in a ftate of War, have orfeited them; but he has not thereby a ight and title to their Polfellions. This I loubt not, but at firft fight, will leem a trange Do&rine, it being lo quite con- rary to the pra&ice of the World. There •eing nothing more familiar in Ipeaking »f the dominion of Countries, than to lay iich an one Conquer’d it. As if Conqueft, vithout any more ado, convey d a right f PolTeflion. But when we confider, that he pra&ice of the ftrong and powerful, low univerlal loever it may be, is leldom he rule of Right, however it be one part f the lubjeftion of the Conquer’d not to rgue againft the Conditions cut out to - Dd 2 . them (404) them by the Conquering Swords. -A | 1 8 1. Though in all War there be Ufa- ally a complication of force and damage* and the Aggreffor leldom fails to harm the Eftate, when he ules force againft the perlons of thole he makes War upon \ yet J tis the ufe of force only that puts a Man into the State of War. For whether by force he begins the injury; or elfe having quietly, and by fraud, done the injury,he refufes to make reparation, and by force maintains it, which is the lame thing as at fir ft to have done it by force; ’tis the unjuft ufe of force that makes the War. For he that breaks open my Houfe, and I violently turns me out of Doors; or ha- 1 ving peaceably got in, by force keeps me out, does in effedt the lame thing ; lup- poling we are in fuch a ftate, that we have no common Judge on Earth, whom I may appeal to, and to whom we are both obliged to lubmit: for of fuch I am now fpeaking. 7 Tis the unjuft ule of force then that puts a Man into the ftate of War with another, and thereby he that is guil¬ ty of it makes a forfeiture of his Life. For quitting realbn, which is the rule given between Man and Man, and ufing force the way of Beafts, he becomes liable to be deftroy’d by him he ufes force againft, as any favage ravenous Beaft, that is danger¬ ous to his being. But ( 4 °$ ) 18 2. But becauie tfie milcarriages of the Father are no faults of the Children, and they may be rational and peaceable, not- withftanding the brutifhnefs and injuftice of the Father ; the Father, by his mifcar- riagesand violence, can forfeit but his own Life, but involves not his Childten in his guilt or deftruftion. His goods which nature, that willeth the prefervation of all Mankind as much as is poftible,hath made to belong to the Children to keep them from perifbing, do ftill continue to belong to his Children. For fuppofiog them not to have join’d in the War, either through infancy or choice, they have done nothing to forfeit them , nor has the Conquerour any right to take them away, by the bare right of having fubdued him that by force attempted his deftru&ion, though perhaps he may have fome right to them to repair the dammages he has fuftained by^ the War, and the defence of his own right, which how far it reaches to the poffeftions of the Conquer’d, w e fhall lee by and by ; lo that he that by Conqueft has a right over a Mans Perfon, to deftroy him if he pleafes,'has not thereby a right over his Eftate to polTefs and enjoy it. For it is the brutal force the Aggrehor has uled, that gives his Adverlary a right to take away his Life, and deftroy him, if he pleale?, D d i as ( 4 °* ) as a noxious Creative ; but ’tis damage fuftain’d that alone gives him title to ano¬ ther Mans Goods: For though I may kill a Thief that fets oil me in the Highway, yet I may not (which feems lels ) take away his money, and let him go ; this would be Robbery on my fide. His force, and the ftate of War he put himfelf in, made him forfeit his Life, but gave me no title to his Goods. The right thenofCon- queft extends only to the Lives of thole who join’d in the War, but not to their Eftates, but only in order to make repa¬ ration for the damages received , and the Charges of the War, and that too with refervation of the right of the inno¬ cent Wife and Children. ' • 185. Let the Conquerer have as much Juftice on his fide as could be luppos’d, he has no right to feize more than the van- quifb’d could forfeit; his Life is at the Vi¬ ctors Mercy, and his lervice and goods he may appropriate to make himfelf repara¬ tion ; but he cannot take the goods of his Wife and Children , they too had a title to the goods he enjoy’d , and their fhares in the eftate he poildfed. For Example, I in the Hate of nature (and all Common¬ wealths are in the ftate of nature one with another) have injured another Man. and refilling to give latisfaflion, ins come to a ftate ( 4°7 ) i ftate of War, wherein my defending by force, what I had gotten unjuftly, makes me the Aggreffour; I am con¬ quered r my Life, tis true, as foifeit, Ij. at mercy, but not my Wives and Chil¬ drens. They made not the War, nor af¬ fixed in it. I could not forfeit their Lives, they were not mine to forfeit.? My Wife had a Ihare in my Eftate, that neither could I forfeit. And my Children allp, being born of me, had a right to be main¬ tain'd out of my Labour or Subftance. Here then is the Cafe; The Conquerour has a Title to Reparation for Dama¬ ges received, and the Children have a Ti¬ tle to their Father’s Eftate for their Sub- fiftence. For as to the Wifes ihare,whe¬ ther her own Labour or Compact gave her a Title to it, tis plain, her Husband i could not forfeit what was hers. What muft be done in the cafe ? I anfwer; The Fundamental Law of Nature being, that all, as much as may be, fhould be prefer- ved, it follows, that if there be notvenough fully to fatisfie both, viz. for theConque- rour’s Loffes, and Childrens Maintenance, he that hath, and to fpare, muft remit lomething of his full Satisfaction, «md gi've way to the preding and preferible Title of thofe, who are in danger to pe- rifh without it. _ _ Dd 4 f 40S ), I 184. Butfuppofing the Charge and Da- j mages of the War are to be made up to the Conquerour, to the utmoft Farthing, and that the Children of the vanquished, foiled of all their Father’s Goods, are to be left to Starve, and periSh, ye t the fa- tisfying of what Shall, on this fcore, be due to the Conquerour, will fcarce give him a Title to any Countrey he fhall con- . 1 quer. For the Damages of War can fearce amount to the value of any confide- - rable Tra£t of Land, in any part of the f World, where all the Land is pofleffed, i| and none lies wafte. And if I have not taken away the Conquerour’s Land, > which, being vanquished, it is impolfible, , I Should; Scarce any other fpoil I have done j him can amount to the value of mine, fup- J pofing it of an extent any way coming -1 near what I had over-run of his, and equally cultivated too. The destruction of a Years Product or two, /for it Seldom reaches four or lived is the utmoft fpoil j that ufually can be done. For as to Mo¬ ney, and Such Riches and TreaSure taken av^ay, thefe are none of Natures Goods, they have but a phantaftical imaginary va ] ue ) Nature has put no Such upon them. They ,are of no more account by her Standard, than the Wampompeke of the Amr leans to an European Prince, or the Silver (409) Silver Money of Europe would have been ormerly to an American. And five years Product is not worth the perpetual Inhe¬ ritance of Land, where all is polfelfed, and none remains wafte,to be taken up by him hat is diffeiz’d: which will be eafily grant¬ 'd, il one do but take away the imaginary /alue of Money, the difproportion being nore than between five , and five thou- and. Though, at the fame time, half a fears produft is more worth than the In- leritance, where there being more Land han the Inhabitants poflefs and make ufe >f, any one has liberty to make ufe of the vafte : But there Conquerours take little are to polfeis themfelves of the Lands of he vanquished. No damage therefore, hat Men, in the Rate of Nature (as all Winces and Governments are in reference 0 one another) Suffer from one another, an give a Conquerour Power todifpoflels he Posterity of the vanquished, and turn hem out ot that Inheritance which ought 0 be the Poffeffion of them, and their Defcendants to all Generations. The Con- juerour indeed will be apt to think him- elf Matter. And ’tis the very condition >f the lubdued not to be able to difpute heir Right: But, if that be all, it gives 10 other 1 itle, than what bare Force jives to the Stronger over the weaker. ( 4 ig ) ; ■ jPi And, by this reafbn, he that is ftrongeftj will have a right to whatever he pleafes to feize on. 18$. Over thofe then that joined with him in the War, and over thofe of the fubdued Countrey that oppofed him not, | and the Pofterity even of thofe that did, the Conquerour, even in a juft War, hath, by his Conqueft, no right of Dominion. They are free from any fubjeOfon to him, i and if their former Government be dif- folved, they are at liberty to begin and ereft another to themfelves. 186. The Conquerour, ’tis true, ufuab ly, by the Force he has over them, com-1 pels them, with a Sword at their Breafts ,\ to ftoop to his Conditions, and fubmit to fuch a Government as he pleafes to afford them ; but the enquiry is, What right he has to do fo ? If it be faid, they fubmit by their own con fen t; then this allows their own confent to be neceffary to givej the Conquerour a Title to rule over them.j It remains only to be confidered, whether Promifes, extorted by • Force, without Right, can be thought Confent, and how far they bind. To which I fhall fay, they bind not at all, becaufe whatfoever another gets from me by force, I ftill retain the Right of, and he is obliged prefently to reft ore. He that forces my. Horfe from me. < 4*0 ne, ought prefently to reftore him, and I lave ftill a right to retake him. By the ame reafon, he that forced a Promile from ne ought prefently to reftore it, i. e. quit ne, of the Obligation of it; or I may re¬ time it my felf, i. e. chufe whether I will lerform it. For the Law of Nature lay- ng an obligation on me, only by the Rules he prefcribes, cannot oblige me by the isolation of her Rules: fuch is the extort- ig any thing from me by force. Nor oes it at all alter-the cafe, to fay I gave ay Promife, no more than it cxcufes the Dree, and paffes the right, when I put ly hand in my Pocket, and deliver my 1'urfe my felf to a Thief, who demands it /ith a Piftol at niy Breaft. 187. From all which it follows, that le Government of a Conquerour, impo- (ofed, by force, on the fubdued, againft /horn he had no right of War, or who >ined not in the War againft him, where e had right, has no obligation upon nem. m ! f 188. But let us fuppofe that all the /len of that Community being all Mem- ers of the fame Body Politick, may be aken to have join d in that unjuft War, /herein they are fubdued, and fo their ives are at the Mercy of the Conque- Dur. ♦ * 4 t * 189. I fay. ( 4*0 i?9* I fay, this concerns not their Chil¬ dren, who are in their Minority. For fince a Father hath not, in himlelf, a Pow¬ er over the Life or Liberty of his Child ; no a£t of his can poflibly forfeit it: fo that the Children, whatever may have hap¬ pened to the Fathers, are Free men, and: the Abfolute Power of the Ccnquerour reaches no farther than the Perfcns of the Men, that were fubdued by him, and dies with them; and fhould he govern them as Slaves, fubjected to his Abfolute, Arbitrary Power, he has no fuch Right of Dominion over their Children. Hs can have no Power over them, but by their own content, whatever he may drive them to fay or do; and he has no lawful Authority, whilft Force, and not Choice, compels them to fubmiffion. 190. Every Man is born with a dou¬ ble Right, Fir si , A Right of Freedom to his Perfon, which no other Man has a Power over, but the free Dilpofal of it lies in himtelf. Secondly , A Right, before any other Man, to inherit, with his Bre¬ thren, his Father’s Goods. 191. By the firft of thete, a Man is na¬ turally free from lubjedtion to any Go¬ vernment, though he be born in a place - under its Jurifditf ion. But if he ditelaim the lawful Government of the Countrey -nsbiqsvi'" he le was born in, he muft alio quit the [light, that belong’d to him, by the Laws >f it, and the Pofleffions there defending :o him, from his Anceftors, if it were a aovernment made by their conlent. 192. By the feond, the Inhabitants of my Countrey, who are defended, and derive a Title to their Eftates from thole who are litbdued, and had a Government ■breed upon them, againfl: their free con¬ sents, retain a Right to the PofTeffion of :heir Anceftours, though they conlent not freely to the Government, whole hard Conditions were, by force, impoled on the Polfelfors of that Countrey. For the firft (Conqueror never having had a Title to the Land of that Country, the People, who are the Defendants of, or claim under thofe, who were forced to lubmit to the Yoke of a Government by conftraint, have always a Right to lhake it off, and free them- lelves from the Ulurpation, or Tyranny tthe Sword hath brought in upon them; till their Rulers put them under luch a Frame of Government, as they willingly, and of choice conlent to (which they can never be fuppoled to do, till either they are put in a full ftate of Liberty to chule nheir Government and Governours, or at leaft till they have fucli Handing Laws, to which they have, by themfelves, or their v;rr Reprelen- (414) - •* ! 's ; Representatives, given their free content*! and alfo till they are allowed their due Property, which is fb to be Proprietors; of what they have, that no body can take away any part of it without their own content, without which, Men under any Government are not in the ftate of Free¬ men, but are direct Slaves, under the force of War.,) And who doubts but the Grecian Chriftians, Deicendants of the antient PoffelTors of that Countrey, may juftly caft off the Turkijh Yoke they have fb long groaned under, when-ever they have a Power to do it ? 193. But granting that the Conquerour, in a juft War, has a Right to the Eftates, as well as Power over the Perfbns of the Conquered; which, ’tis plain, he hath not: nothing of Abfblute Power will follow from hence, in the continuance of the Government* Becaute the Deteen- dants of thete being all Free-men, if he grants them Eftates, and Polfeffions to inhabit his Countrey, without which it would be worth nothing, whatfbever he grants them, they have fo far as it is granted, Property in. The nature where¬ of is, that, without a Mans own content, it cannot be taken from him. 194. Their Perfbns are free, by a na¬ tive Right, and their Properties, be they • - ain’d by force, have intervened. For cis very probable, to any one that reads Ee the (41S ) the Story of tzAhnz and Hezekiab y attend tively, that the Ajfyrians fubdued ^Ahaz. and depofed him, and made Hezekid King in his Fathers life time; and that Hezekiah , by agreement, had done him 1 Homage, and paid him Tribute till this time. . i CHAP. XVII. Of USURPATION. : .4 ,l 't ■ ■ r ' * * ‘ ’ 1 I / ' 1 ‘ w 1 197. A S Conquefl: may be called a fo- A \ reign Ufurpation ; fo Ufurpa- tion is a kind of domeftick Conqueft, with this difference, that an Ufurper can never have Right on his fide ; it being no Ufurpation but where one is got into the Poffefiion of what another has Right to. This, fo far as it is Ufurpation, is a change c nly of Perlons, but not of the Forms and Rules of the Government: for if the Ufurper extend his Power beyond what, of Right, belonged to the lawful Princes, or Governours of the Common¬ wealth, ’tis Tyranny, added to Ufurpa¬ tion. \ • f . P 'iff 198. In all lawful Governments the de- fignation of thePerfons, who are to bear Rule, being as natural and neceffary a part ( 4i9 > iart as the Form of the Government it slf, and that which had its Eftablifhment riginally from the People. The Anar- hy being much alike, to have no Form of Government at all, or to agree that it fbali e Monarchical; but to appoint no way, d defign the Perfon that lhall have tne ower, and be the Monarch. All Com- lonwealths therefore, with the Form of rovernment eftablifbed, have Rules alio f appointing and conveying the Right d thofe, who are to have any ftnre in !ie publick Authority. And who-ever gets ito the exereife of any part of the Pow* r, by other ways, than what the Laws f the Community have preferibed, hath o Right to be obeyed, though the Form f the Commonwealth be Fill prelerved; nee he is not the Perfbn the Laws have ppointed, and confequently not the Per- 3n the People have contented to. Nor an fiich an Ufiirper, or any, deriving :om him, ever have a Title, till the Peo- leare both at liberty toconfent, and have ctually confented to allow, and confirm i him the Power he hath, till then, Jfurped. Ee 2 CHAP. ( 42 °) * 4 v k*' * € . *•* » •4«fcl r •»< *'- \ *■' /A•«- i *'t X ' X i ’ i CHAP. XVIII. K&A V t % 4* > . . ’ | (k^ Of tyranny. l 99 ‘ A ^ Ufurpation is the exercife of Power, which another hath a : Right to; fo Tyranny is the exercife of Power beyond Right, which no Body can have a Right to. And this is making ufe of the Power any one has in his hands; not for the good of thole who are under it, but for his own private, feparate Ad¬ vantage. When the Governour, however entituled,makes not the Law, but his Will, the Rule, and his Commands, and A£ti* ons are not directed to the prefervation of the Properties of his People, but the latis- fa£tion of his own Ambition, Revenge, Covetoufnels, or any other irregular Paf- fion. 206. If one can doubt this to be Truth, or Reafon, becaufe it comes from the oblcure Hand of a Subject; I hope the Au¬ thority of a King will make it pafs with him. King James, in his Speech to the Parliament, 1605. tells them thus; I will ever prefer the Weale of the pub lick , and of the whole Commonwealth , in making of good Laws , and Confutations , to any particular , and private Ends of mine. Thinking ever the Wealth I (42i) Wealth and Weak of the Commonwealth , to ?e my greatest Weak, and worldly Felicity ; t Point, wherein a lawful KJng doth directly lifer from a Tyrant. For I do acknowledge Fat the fpecial and greatefl point of Diffe - -ence, that is between a rightful Kjng, and an furping Tyrant, is this,That, whereas the proud ind ambitious Tyrant doth think, his Kjngdom tnd People are only ordained for fatisfaction f his Defires, and nnreafonable Appetites’, '■he righteous and juft Kjng doth, by the con¬ trary, acknowledge himfelf to be ordained for ■he procuring of the wealth and Property of 'm People. And again, in his Speech to the Parliament, 1609. he hath thefe Words ; The J\,I NG binds himfelf , by a double lath, to the obfervation of the fundamental Laws of his Kjngdom. Tacitly, as by being a Kjng, and fo bound to protect, as well the People, as the Laws of his Kjngdom; and ixprefly by his Oath at his Coronation: fo an every juft Kjng, in a jet led Kjngdom , is bound to obferve that Paction made to his People , by his Laws, in framing his Govern¬ ment agreeable thereunto, according to that Paction which God made with Noah, after the Deluge. Hereafter, Seed-time, and Har- vefl, and Cold, and Fkat, and Summer, and Winter , and Day, and Night, fall not ceafe , while the Earth remaineth. And therefore a \Kjng, governing in a fetled Kjngdom, leaves Ec $ to ( 4 22 ) to be a Kjng , and degenerates into a Ty¬ rant > as foon as be leaves off to rule ac¬ cording to his Lam. And a little after : Theref ore all Kjngs, that are not Tyrants, or perjured , will he glad to bound; themfelves within the Limits of their Laws .And they that perfwade them the contrary, are Vipers, Pefts both againjl them and theCemmonwealth.Thus that learned King, who well underftood the Notions of things, makes the diffe¬ rence, betwixt a King and a Tyrant, to confift only in this, That one makes the Laws the Bounds of his Power, and the Good of the publick the End of his Go¬ vernment; The other makes all give way to his own Will and Appetite. 201. ’Tis a Miftake, to think this Fault is proper only to Monarchies, other Forms of Government are liable to it, as well as that: for where-ever the Power, that is put in any hands, for the Govern¬ ment of the People, and the Prelervation of their Properties, is applied to other ends, and made ufe of to impoverish, harals, or fubdue them to the Arbitrary, and Irre¬ gular Commands of thole that have it: There it prefently becomes Tyranny, whether thole, that thus ule it, are one, or many. Thus we read of the Thirty Tyrants at Athens , as well as one at Sy- racufs ; and the intolerable Dominion of ./ v : - . « ^ V . \\* * h —-• + .• . ... i / (42$) ' X le Decemviri , at Rome , was nothing o ttCr . * 202. Where-ever Law ends, Tyranny egins* if the Law be tranfgreffed to ano- ier’s harm. And whofoever, in Autho- ity, exceeds the Power given him by the ..aw, and makes ufe ot the Force, he has inder his Command, to compafs that up- , n the Subject which the Law allows not; eales.in that,to be a Magistrate,and acting vithout Authority, may be oppofed , as ny other Man, who by force invades the Light ot another. This is acknowledg- :d in fubordinate Magistrates. He that lath Authority to feiz.e my Perfon in the freet, may be oppoled as a Thief, and a Jobber, if he indeavours to break into -ny Houle to execute a Writ, not with- (landing that 1 know he has fuch a War¬ rant, and fuch a legal Authority as will impower him to arrelt me abroad.. And why this Should not hold in the higheit, ss well as in the moft inferiour Magiitrate, I would gladly be informed. Is it reafon- able that the eldeft Brother, becaufe he lias the greateft part of his Father’s fi¬ liate, Should thereby have a Right to take away any of his younger Brothers 1 or- tions ? Or that a rich Man, who pollelled a whole Countrey , Should from thence have a Right to feize, when he plealed, E e 4 the . ' ( 4 2 4 ) ~ * tl-ie Cottage and Garden of his poor Neighbour ? The being rightfully poi- Med of great Power and Riches, exceed¬ ingly beyond the greateft part of the Sons of Jdam f is id far from being an excufe, much lefs a reafbn for Rapine and Oppieffion, which the endamaging another, without Authority, is; that it is a great Aggravation of it. For the ex¬ ceeding the Bounds of Authority, is no iT-oie a Right, in a great, than a petty Officer: no more juftifiable in a Kin^, tiian a Conftable. But fo much the worfe in him, as that he has more truftput in liijj, is fuppofed, from the advantage of Education, and Counfellours to have bet¬ ter Knowledge, and lefs reafon to do it, having already a greater fhare than the Xf(t of his Brethren. ' 003. May the Commands then of a Prince.be oppofed ? May he be refilled, as often, a.s any one fhall find himfelf aggrie¬ ved, and but imagine he has not Right- done him ? This will unhinge and over- t.diii ai! Poiities, and, inftead of Govern¬ ment and Order, leave nothing but Anar¬ chy and Confufion. ' ' j| • 204. To this l anfwer: That Force is to be oppofed to nothing but to unjuft and h.pctwful Force ; who ever makes any oppofiuon, in any otner Cafe, draws on * ' __ j ' him- • / y • * ; V / ( 42 $) limfelf a juft Condemation, both from liod and Man; and fb no fuch Danger or Confufion will follow, as is often fug- gefted. For, • &. t 205. Fir ft. As, in fome Countries, the Perfon of the Prince, by the Law, is Sa- :red, and lb, what-ever he commands, or Joes,his Perfon is ftill free from all Quefti -1 Dn or Violence; not liable to Force, or any judicial Cenfure or Condemnation. But yet oppofition may be made to the illegalAcis' of any inferiour Officer, or other commif- fioned by him; unlefs he will, by a&ually putting himfelf into a State of War with his People, diffolve the Government, and leave them to that defence, which belongs to every one in the ftate of Nature. IFor of iuch things who can tell what the end will be ? And a Neighbour Kingdom I'has (liewed the W 7 orld an odd Example. In all other Cafes the Sacrednefs of the Perlon exempts him from all Inconveni- encies, whereby he is fecure, whilft the Government ftands, from all violence and harm whatfoever. 7'han which, there cannot be a wifer Conftitution. For the harm he can do, in his o'wn Perfon, not 1 being likely to happen often, nor to ex¬ tend it felf far; nor being able, by his fingle ftrength, to fubvert the Laws, nor opprefs the Body of the People, fhould 1 any ( 426 ) \ ; any Prince have fo much Weaknels, and ill Nature as to be willing to do it, The Inconveniency of Some particular mif- chiefs that may happen , Sometimes, when a heady Prince comes to. theThrone, are well recompenced by the peace of the Publick, and Security of the Government, in the Per ion of the chief Magistrate, thus let out of the reach of danger. It being fafer for the Body, that Some few private Men Should be fometimes in dan¬ ger to Suffer, than that the Head of the Republick Should be eaSily, and upon Slight occafions expoSed. 206. Secondly , But this Priviledge be¬ longing only to the King’s PerSon, hinders pot but they may be questioned, oppoSed, and refitted, who ufe unjuft force, though they pretend a Commission from him, . which the Law authorizes not. As is plain, in the Cafe of him. that has the King’s Writ to arreft a Man, which is a full CommilTion from the King; and yet he that has it cannot break open a Mans Houfe to do it, nor execute this Com¬ mand of the King upon certain days, nor in certain places, though this CommiSIi- 011 have no Such exception in it; but they are the Limitations of the Law, which, if any one tranfgrels, the King’s Commif lion excufes him - not. For the King’s Au¬ thority v V V (w) thority being given him cnly by the Law, he cannot impower any one to aft againft the Law, or juftifie him, by his Commit fion, in lb doing. The Commiflion, or Command of any Magiftrate, where he has no Authority, being as void and infig- nificant as that of any private Man. The difference, between the one and the other, being, that the Magiftrate has fome Au¬ thority, fo far, and to liich ends, and the private Man has none at all. For ’tis not the Commiftion, but the Authority, that gives the Right of afting ; and againft: the Laws there can be no Authority. But, notwithftanding liich Refiftance, the King’s Perlon and Authority are ftill both lecured , and lo no danger to Governour or Government. -is- 207. Thirdly , Suppofing a Government, wherein the Perlon of the chief Magiftrate is not thus Sacred; yet thisDoftrine,of the la vvfulnefs.ofrefiftingall unlawful exerciles of his Power, will not, upon every flight occalion, indanger him, or imbroil the Go¬ vernment. For, where the injured Party may be relieved, and his damages re¬ paired, by Appeal to the Law, there can be no pretence for Force ; which is only to be tiled, where a Man is intercepted from appealing to the Law. For nothing is to be accounted Hoftile Force, but where i < 4*8 y ■ ' where it leaves not the remedy of fuch an Appeal. And tis fuch Force alone, 11 that puts him that ufes it, into a ftate of if War, and makes it lawful to relift him. || A Man, with a Sword in his hand, de¬ li mandsmy Purfe, in the High-way, when, ■ perhaps, I have not 1 2d. in my Pocket; |! This Man I may lawfully kill. To ano- | ther I deliver ico/. to hold,only whilft I ff| alight; which he refufes to reftore me, when $j I am got up again, but draw's his Sword to i | defend the poifeftionof it, by force: I en- I deavour to retake it. The milchief, this »! Man does me, is a hundred, or poflibly a \l thouland times more than the other per¬ il haps intended me , (whom I kill’d, before H he really did me any ) and yet I might I! lawfully kill the one, and cannot fo much as hurt the other lawfully. The Realon whereof is plain; becaule the one ufing force, which threatned my Life, I could If not have time to appeal to the Law r to fe- 1 . cure it : And when it was gone, ’twas i, too late to appeal. The Law could not H reftore Life to my dead Carcals. The I Lois was irreparable ; which, to prevent, ■ the Law of Nature gave me a Right to I deftroy him, who had put himfelf into a ftate of War with me, and threatned my |. deftruCtioa. But; in the other cafe, my It Life not being in danger, I might have ■ / the ■ ( 4 2 9 ) the benefit of appealing to the Law, and have Reparation, for;my ioo/. that way. 208. Fourthly , But if the unlawful a£ls, [idone by the Magiftrate, be maintained, ( by the Power he has gotj and the reme¬ dy," which is due by Law, be, by the fame Power,obflru£ted; yet the Right of refill¬ ing, even in fuch manifell A£ls of Tyran¬ ny, will not fuddenly, or on flight occafions, diflurb theGovernment.Forif it reach no farther than fome private Mens Cafes, though they have a right to defend them- felves, and to recover, by force, what, by unlawful force, is taken from them; vyet the Right to do fo, will not eafily in- s gage them in a Conteft, wherein they are lure to perifh : It being as impoflible, for < one or a few opprefled Men, to diflurb 1 the Government, where the Body of the People do not think themfelves concerned i in it, as for a raving mad Man, or heady Male-content to overturn a well fetled State; the People being as little apt to follow the one, as the other. 209. But if either thele illegal A£ts, have extended to the Majority of the People; or if the Milchief and Opprefli- on has light only on fome few, but in fuch Cafes as the Precedent and Coniequences Item to threaten all; and they are perfwa- t 'ir. ‘ded ( 43 °) ded in their Confidences that their Laws, and with them, their Eftates, Liberties, and Lives are in danger, and perhaps their Religion too; how they will be hindred from refilling illegal Force, ufed againfl them, I cannot tell. This is an Inconvenience, I confefs, that attends all Governments whatloever, when the Go¬ vernors have brought it to thispafs, to be generally fufpeded of their People, the moft dangerous Rate they can poflibly put themlelves in; wherein they are the lefs to be pityedbecaule it is lo eafie to be avoided. It being as impohible, for a Governour, if he really means the good of his People, and the preservation ol them, and their Laws together, not to make them fee and feel it; as it is for the Fa¬ ther of a Family not to let his Children fee he loves, and takes care of them. 210. But if all the World fhall ob» ferve Pretences of one kind, and Actions of another ; Arts ufed to elude the Law, and the Truft of Prerogative (which is an Arbitrary Power in fome things, left in the Prince’s hand, to do good, not harm, to the People) employed contrary to the end, for which it was given. If the People fhall find the Minifters, and fubor- dinate Magiftrates chofen, fiiitable to fiich ends, and favoured, or laid by proportion- f '/ <4$0 v 1 ably as they promote, or oppole them: If they lee feveral Experiments made of Ar¬ bitrary Power, and that Religion under¬ hand favoured, though /publickly pro¬ claimed againd, which is readied to introduce it, and the Operators in it fup- ported as much as may be; and when that cannot be done, yet approved dill, and liked the better, and a long Train of A&ings fhew the Councils all tending that way : how can a Man any more hin¬ der himleif from being perfwaded in his own Mind, which way things aye going; or from cading about how to lave himleif, than he could from believing the Cap¬ tain of the Ship he was in , was carrying him, and the red of the Company, to <_ Algiers , when he found him always Rear¬ ing that Courle, though crols Winds, Leaks in his Ship, and want of Men, and Provifions, did often force him to turn his Courle another way, for lome time, which he deadily returned to again, as loon as the Wind, Weather, and other Circum- dances would let him ? CHAP. (430 < — * , » 4 ■ . * «"•***• » i t ( I ttlV 7 < • » k' iHl Jk ^ I. r i rf r ¥ 1 ♦ CHAP. XIX. Of the Diffoiution of Governments, 211. T T E that will, with any clearnefs, _£~j[ fpeak of the Diffoiution of Go¬ vernment, ought, in the firft place, to diftinguifh between the Diffoiution of the Society, and the Diffoiution of the Go¬ vernment. That which makes the Com¬ munity, and brings Men out of the loofe State of Nature, into one Politick Society, is the Agreement, which every one ha 9 , with the reft, to incorporate and act as one Body, and fo be one diftinCt Com¬ monwealth. The ufual, and ahnoft only way, whereby this Union is diffolved, is the Inroad of foreign Force making a Conqueft upon them. For in that Cafe, . (not being able to maintain and fupport themfelves, as one intire, and independent Body; the Union belonging to that Body, which confifted therein, muft neceffarily ceafe, and fb every one return to the ftate he was in before, with a liberty to fhift for himfelf, and provide for his own Safety, as he thinks fit, in fome other Society. Whenever the Society is diffolved, ’tis certain, the Government of that Society cannot remain. Thus Conquerors Swords - \ often ^ C'4H > ooften cut up Governments by the Root’s, and mangle Societies to pieces, fepa rating the fubdued or Icattered multitude from the Protection of* and Dependence on that Society which ought ! to< have preferved them from violence. The. World is too well inftrufted in, and too forward to al¬ low of this way of diffolving of Govern¬ ments , to need any more to be laid of it; and there wants not much Argument to prove, that where the Society is diF lolved, the Government cannot remain: that being as impoffible^ as for the Frame of an houie to fubfift when the Materials of it are fcattered and difplaced by a Whirl-wind, or jumbled into a confuted heap by an Earthquake.. 212. Befides this over-turning, from without, Governments are diffolved from within, : • Firfiy When the Legillative is altered,. Civil Society being a ftate of Peace a- mongft thole who are of it, from whom :he hate of War is excluded by the Um¬ pirage, which they have provided in their Legillative, for the ending all differences, hat may arils amongft any of them. ’Tis ' n their Legillative, that the Members of i Commonwealth are united and combi- led together into one coherent, living Bo- !ly. This is .the Soul that gives Form, ! V‘ F f Life, ( 434 ) \ Life, and $Jnity to the Commonwealth: from hence the feveral Members have their mutual Influence, Sympathy, and Connexion: and therefore, when the Le- giflative is broken, or diffolved, Diifolu- tion and Death follows. For the Effence, and Union of the Society confifting in ha¬ ving one Will, the Legislative, when once eftablifhed by the Majority, has the de¬ claring, and, as it were, keeping of that Will. The Conftitution of the Legifla- tive is the fir ft and fundamental A£l of Society, whereby provifion is made for the Continuation of their Union, un¬ der the Direction of Perfbns, and Bonds of Laws, made by Perfbns authorized thereunto, by the Content and Appoint¬ ment of the People, without which no one Man, or number of Men, among ft them, can have Authority of making Laws that fhail be binding to the reft. When any one, or more, (ball take upon them to make Laws, whom the People have not appointed fo to do, they make Laws without Authority, which the Peo¬ ple are not therefore bound to obey; by which means they come again to be out of fubje&ion, and may conftitute to them- felves a new Legiflative, as they think beft, being in full liberty to refill the force of thole, who, without Authority, would impote ( 4*0 impole any thing upon them. Every one is at the difpofure of his own Will, when thole, who had, by the delegation of the Society, the declaring of the publick Will, ire excluded from it, and others uliirp the slace, who have no fuch Authority or De- egation. ' 213. This being ufually brought about >y fuch, in the Commonwealth, who nif ule the Power they have : It is hard ' 0 conflderit aright, and know at whole loor to lay it> without knowing the Form )f Government in which it happens. Let is luppole then the Legiflative placed in he Concurrence of three diftinft Perlons. A Angle, hereditary Perfon having lie conftant, liipream, executive Power, : nd, with it, the Power of convoking,* nd diflolving the other two, within cer- lin Periods of Time. Secondly , An Af- bmbyof hereditary Nobility. Thirdly , * \.n Aflembly of Reprefentatives cholen,- ro tempore , by the People: Such a Form f Government fuppoled, it ' is evi- ent, 214 . Firjl , That when fuch a Angle 'erlbn,” or Prince lets up his own Arbi- ■ary Will, in place of the Laws, which re the Will of the Society, declared by le Legiflative, then the Legiflative is hanged. FOr that being, in effett, the F f 2 Legifla- ( 43 * ) \ Legislative whole Rules and Laws are put in execution, and required to be obeyed, when other Laws are let up, and other Rules pretended and inforced, than what the Legiflative, conftituted by the Society, have enabled, ’tis plain that the Legifla¬ tive is changed. Who-ever introduces new Laws, not being thereunto authori¬ zed, by the fundamental Appointment of the Society, or fubverts the old, dilbwns and overturns the Power, by which they were made, and 16 lets up a new Legit ktive. ; . J 2i<>. Secondly, When the Prince hin¬ ders the Legiflative from aflembling in its due time, or from a£fing freely, purliiant to thole ends for which it was constitu¬ ted, the Legiflative is altered. For tis not a certain number of Men, no, nor their meeting, unlels they have alfo Free- ' dom of debating, and Leilure of perfect¬ ing what is for the good of the Society, wherein the Leniflative eonfifts, when thefeare taken away, or altered, 16 as to deprive the Society, of the due exercile of their Power. the Legiflative is truly altered. For it is not Names tliat con¬ stitute Governments, but the ule and ex¬ ercile of thole Powers that were intended to accompany them: 16 that he who takes away the Freedom, or hinders the aCfing / ( 437 ) of the Legiflative in its duefeafons, in ef¬ fect takes away the Legiflative, and puts a an end to the Government. 216. Thirdly, When, by the-Arbitrary Power of the Prince, the Eleblours, or ways of Election are altered , without the Content, and contrary to the com¬ mon Intereft of the People, there alfo the Legiflative is altered. For if others, then thole whom the Society hath authorized thereunto, do chute, or in another way than what the Society bath prelcribed, thole choten are not the Legiflative ap¬ pointed by the People. 217. Fourthly , The delivery alio of the People into the fubjeflion of a foreign Power, either by the Prince, or by the Legiflative, is certainly a change of the Legiflative, and lb a Dilfolution of the • Government. For the end, why People entered into Society, being to be preler- ved one intire, free, independent Society, 1 to be governed by its own Laws; this is i loll when-ever they are given up into the Power of another. - ’ 218. Why, in fuch a Conllitution as this, the Dilfolution of the Government, in thefe Gales, is to be imputed to the Prince, is evident, becaute he having the Force, Treafure, and Offices of the State, itoimplovj and often perlwading hitnielf, t Ff $ or ( 438 ) . * 1 or being flattered by others,, that as fu- preme Magiftrate, he is uncapable of con- troul; he alone is in a Condition to make great Advances toward fuch Changes, un¬ der pretence of lawful Authority, and has it in his hands to terrifie, or fupprefs Op- pofers, as factious, feditious, and Ene¬ mies to the Government: whereas no o- ther part of the Legiflative, or People » is capable, by themfelves, to attempt any alteration of the Legiflative , without o- pen and vifible Rebellion, apt enough to be taken notice of; which, when it pre¬ vails, produces Effects very little different from foreign Conquefl:. Befides the Prince, in fitch a Form of Government, having the Power of diffblving the other Parts of the Legiflative, and thereby rendring them private Perfons, they can never, in oppo¬ sition to him, or without his Concur¬ rence, alter the Legiflative by a Law; his Conient being necefiary to give any of their "Decrees that San&ion. But yet fo far as the other parts of the Legiflative any way contribute to any attempt upon the - Government, and do either promote, or not, what jj$s in them , hinder fitch de¬ igns, they ar t e guilty, and partake in this, which is certainly the greateih Crime Men can be guilty of one towards another. * ” ■ * ■ ' * •» * » ■ k • f • y.". * f (SA * v O- t - ■ >■ hi Ik J *j ■V ' ■ 219. There ?-* v (439) 219. There is one way more, whereby fuch a Government may be diffolved, and chat is ; When he, who has tneluprcme, executive Power, negletls, and abandons that charge, lo that the Laws, already made, can no longer be put in executi¬ on. This is demonftratively to reduce all to Anarchy, and lb effe&ually to dil- lolve the Government. For Laws not being made for themfelves, but to be, by their execution, the Bonds ol the Society, to keep every part of the Body Politick in its due place, and lunftion. When that totally ceales, the Government vifibly ceafes, and the People become a confuted Multitude, without Order or Connexion. Where there is no longer the adminiftra- tion of Jnftice, for the fecuring of Mens Rights; nor any remaining Power with¬ in the Community to direft the Force, or provide for the Neceffities of the pub- lick; there certainly is no Government left. Where the Laws cannot be execu¬ ted it is all one as if there were no Laws; and a Government without Laws, is, I ! Ihppofe, a Myftery in Politicks, uncon- iceivable to humane Capacity, and incon- fiftent with humane Society. 220. In thefe, and the like Cafes, when the Government is diffolved, the People are at liberty to provide for themfelves, Ff 4 by f 44° ) 1 by erecting a new Legiflative, differing from the other, by the change of Perfons, or Form, or both, as they fhall find it ' moft for their fafety and good. For the. Society can never, by the fault of another, lofe the native and original Right it has ; to preferve it felf ; which can onlv be done by a fetled Legiflative, and a fair and impartial execution of the Laws made by it. But the ltate of Mankind is not lo rpiferable, that they are not capable of ufing ^this Pvemedy, till it be too late to loox ior any. i o tell People they may provide for therafelves, lyerebting a new Legiflative; when, by Oppreffion, Arti- jj tifice, or being delivered over to a foreign Power, their old one is gone, is only to tell them, they may expebt Relief, when it is too late, and the evil is pail Cure. This is, in Effebt, no more, than to bid them, firfr be Slaves, and then to take care of their Liberty; and, when their Chains are on, tell them, they may act like Free-men. This, if barely fo, is rather Mockery than Relief, and Men can never be fecure from Tyranny, if there be no means to efcapeit,till they are perfectly uncsr it: And therefore it is, tiat they have not only: a Right to get out of it, but tb prevent iL,oT i < ^ ^ yi 101 t'J ; V M L •. t 1 *'v * r* - v 1 -- " .221. There ( 440 2 2i. There is therefore Secondly another ' way,whereby Governments are diftolved; and that is, when the Legislative, or the Prince, either of them act contrary to their Truft. ; • Firft, 1 'he Legislative a&s againft the Truft repofed in them, when: they endea¬ vour to invade the Property of the Sub¬ ject, and to make themielves, or any part of the Community, Matters, or Arbitra¬ ry Difbofers of the Lives, Liberties, or Fortunes of the People. . .«• i 222. The Reatons why Men enter into Society, is the preservation of their Pro- - perty ; and the end why they chute, and authorize a Legidative, is, that there may be Laws made, and Rules let, as Guards and Fences to the Properties of all the So¬ ciety, to limit the Power, and moderate the Dominion of every Part and Member of the Society. . For fince it can never be tuppofed to be the Will of the Society, that the Legitlative thou Id have a Power to deftroy that which every one defigns to lecure, by entering into Society, and for which the People fubmitted themfelves to Legifiators of their own making; when¬ ever the Legiflators endeavour to take a- way, and deftroy the Poperty of the Peo¬ ple, or to reduce them to Slavery, under Arbitrary Power, they put themfelves in¬ to - ( 44 2 ) to a ftate of War with the People, who are thereupon ablolved from any farther Obedience, and are left to the common Refuge, which God hath provided for all Men, againft Force and Violence. When- foever therefore the Legiflative fhall tranf- grels this fundamental Rule of Society ;and either by Ambition, Fear, Folly or Corru¬ ption, endeavour to gralp themlelves, or put into the hands of any other, an Abio- iblute Power, over the Lives, Liberties, and Eftates of the People : by this breach of Truft they forfeit the Power, the Peo¬ ple had put into their hands, for quite Contrary ends, and it devolves to the Peo¬ ple ; who have a Right to relume their original Liberty, and, by the Eftablifh- ment of a new Legiflative ( fuch as they fhall think fit) provide for their oum Safety and Security, which is the end for which they are in Society. What I have laid here, concerning the Legiflative, in general, holds true alio concerning the fu- preme Executor, who having a double Truft put in him, both to have a part in the Legiflative ;and the fupreme Execution of the Law,abts againft both,when he goes about to let up his own Arbitrary Will, as the Law of the Society. He ads alio contrary to his Truft, when he implovs the Force, Trealure, and Offices of the Society, ( 44 ?) Society, to corrupt the Reprefentatives, and gain them to his purpoies: when he openly pre-ingages the Eleftors, and pre- Icribes, to their choice, fiich, whom he has, by Sollicitation, Threats, Promiles, or othewue, won to his defigns; andim- ploys them to bring in liich, who have promifed before-hand what to vote, and what to enaft. Thus to regulate Candi¬ dates and Ele&ors, and new model the ways of Ele£iion, what is it, but to Cut up t he Government by the Roots, and poiiou the very Fountain of publick Secu¬ rity ? For the People having relerved to them (elves the Choice of their Reprelen- tatives, as the Fence to their Properties, could do it for no other end, but that they might always be freely cholen, and lo cholen, freely a£t and advile, as the ne- ceility of the Commonwealth, and the publick Good fhould, upon examination, and mature debate, be judged to require. This, thole who give their Votes before they hear the Debate, and have weighed the Realons on all Tides, are not capable' of doing. To prepare liich an Alfembly as this, and endeavour to fet up the de¬ clared Abettors of his own Will, for the true Reprefentatives of the People, and the Law-makers of the Society, is certain¬ ly as great a breacji of truft, and as per- fea ( 444 ) | fed a Declaration of a defign to fubvei t the Government, as is poffible to be met with. To which, if one fhall add re¬ wards and punifhments vifibly imploy’d to the fame end , and all the arts of per¬ verted Law made ufe of to take off and deftroy all that Hand in the way of fuch a defign, and will not comply and content to betray the Liberties of their Country, •’twill be paft doubt what is doing. What Power they' ought to have in the Society who thus imploy it contrary to the truft went along with it in its firft In- ffitution, is eafy to determine ; and one cannot but fee, that he who has once at¬ tempted any fuch thing as this, cannot any longer be trufted. 223. To this perhaps it will be laid, that the People being ignorant and always difcontentedito lav the Foundation of Go- * * 4 vernment in the unfteady opinion and un¬ certain humour of the People, is to expote it to certain ruin : and no Government will be able long to fubfift, if the People may fet up a new Legiflative whenever they take offence at the old one. To this I Anfwer quite the-contrary. People are not lb eafiiy got out of their old Forms.as fome are apt rofiiggeft. They are hardly V robe prevailed with to amend the acknow¬ ledg’d Faults in the Frame they have been accuftomd ( 440 ficcuftom’d to. And if there be any origi- nnal defe&s, or adventitious ones introdu¬ ced by time or corruption.; ’tis not an ea- fy thing to get them changed, even when i all the World fees there is an opportunity for it. This flownefs and averfion in the People to quit their old Conftitutions, has in the many Revolutions have been feen (in this Kingdom, in this and former Ages, ftill kept us to^or afterlbme interval of fruit- lefs attempts, flill brought us back again to |< our oldLegiflative of King,Lords andCom- mons: and whatever provocations have made theCrown be taken from feme of our Princes Heads, they never carried.rhe peo¬ ple lb far as to place it in another Line. 224. But ’twill be laid, this Hypothefis lays a ferment for frequent Rebellion. To which I Anfwer, • Firft, No more than any other Hypo¬ thefis. For when the People are made miferable, and find themlelves expofed to the ill ufage of Arbitrary Power; cry up their Governours as much as you will for Sons of 'Jupiter , let them be Sacred and Divine, delcended or authoriz’d from fclea- ven ; give them out for whom or what you pleafe, the lame will happen. The People generally ill treated, and contrary to right, will be ready upon , any occalion to ; eale themlelves of a burden that fits *t8 heavy ( 44 6 ) heavy upon them. They will wifh and ieek for the opportunity , which in the change, weaknels and accidents of human affairs feldom delays long to offer it felf. He muft have lived but a little while in the World, who has not feen Examples of this in his time; and he muft have read very little, who cannot produce Examples of it in all forts of Governments in the World. 225. Secondly, I Anfwer, fuch Revo¬ lutions happen not upon every little mis¬ management in publick affairs. Great miftakes in the ruling part, many wrong and inconvenient Laws , and all the flips of human frailty will be born by the Peo¬ ple, without mutiny or murmur. But if a long train of Abufes, Prevarications and Artifices, all tending the fame way, make the d£fign vifible to the People, and they cannot but feel what they lye under, and fee whither they are going; 'tis not to be , ’wonder’d that they fhould then rouze themfelves, and endeavour to put the rule into fuch hands which may fecure to them the ends for which Government was at firft ere&ed ; and without which, ancient Names and fpecious Forms, are fo far from being better, that they are much worfe than theftate of Nature, or pure Anarchy; the inconveniencies being all as (447) i as great and as near, but the remedy far- i ther off and more difficult. 226. Thirdly , I Anfwer, that this Power in the People of providing for their fafety anew, by a new Legiflative, when i their Legiflators have a&ed contrary to i their truft , by invading their Property is the beft fence againft Rebellion, and the probableft means to hinder it. For Rebellion be’ing an Oppofition, not to Per- lons but Authority, which is founded on¬ ly in the Conftitutions and Laws of the Government; thole, whoever they be, ’ who by force break through, and by force jnftify their violation of them, are truly and properly Rebels. For when Men by entering into Society and civil Govern¬ ment, have excluded force , and introdu¬ ced Laws for the prelervation of Proper- i ty. Peace and Unity amongft-themlelves; thole who letup force again in oppofition to the Laws, do rebellare , that is, bring back again the Rate of War, and are pro- iperly Rebels ; which they who are in IPower, by the pretence they have to Au¬ thority, the temptation of force they have lin their hands,. and the Flattery of thole about them being likeliell to do * thepro- ipereft way to prevent the evil, is to fliew them the danger and injuftice of it, who are under the greateft temptation to run into it. 227. In 1 ( 448 ) ., 227. In both the forementioned Cafes, when either the Legiflative is changed, or the Legiflators a£t contrary to the end for which they were constituted ; thofe who are guilty are guilty of Rebellion. For if any one by force takes away the efta- blifk’d Legiflative of any Society, and the Laws by them made, purfuant to their truft,he thereby takes away the Umpirage which every one had confented to, for a peaceable decilion of all their Controver¬ sies, and a bar to the Rate of War amongft them. They who remove, or change the Legiflative, take away this decifive pow¬ er, which no Body can have but by the ap¬ pointment and confent of the People ; and fb destroying the Authority which the People did, and no Body elle can let up, and introducing a Power which the Peo¬ ple hath not authoriz’d actually intro¬ duce a Rate of War, which is, that of Force without Authority : and thus by removing the Legiflative eftablifh’d by the Society, in whole decilions the People ac- quieiced and united, as to N that of their own will; they unty the Knot, and ex- pote the People anew to the ftate of War. And if thole, who by force take away the Legiflative, are Rebels, the Legiflators themfelves, as has been Ihewn, can be no lels efteemed lo; when they who were let 1 (449) • 4 • I f i 0 let up for the prote&ion and prelervation of the People, their Liberties and Proper¬ ties, /hall by force invade and indeavour to take them away ; and lo they, putting themlelves into a date of War with thole who made them the Protettors and Guar¬ dians of their Peace, are properly, and with the greatell aggravation, Rebellantes Rebels. 228. But if they who lay it lays a foun- lation for Rebellion, mean that it may )Ccalion civil Wars, or inteftine Broils, to ell the People they are abfolved from O- )edience, when illegal attempts are made ipon their Liberties or Properties, and nay oppole the unlawful violence of thole vho were their Magiftrates when they nvade their Properties, contrary to the ruft put in them ; and that therefore this )oftrine is not to be allow’d, being lb veftructive to the Peace of the World. They may as well lay upon the lame round, that honefl: Men may not oppole Lobbers or Pirats, becauie this may occa- on dborder or blocd/hed. If any mil- hiei come in luch Gales, it is not to be aarged upon him who defends his own ght, but on him that invades his Neigh- ours. If the innocent honelt Man, mult aietly quit all he has for Peace lake, to m who will lay violent hands upon it, 1 : G g • I de- 1 (45°) I defirc it may be confider’d, what a kind of Peace there will be in the World .which con/ilfs only in Violence and Rapine ; and which is to be maintain’d only for the be¬ nefit of Robbers and Oppreflors. Who would not think it an admirable Peace be¬ twixt the Mighty and the Mean, when the Lamb, without refiftance, yielded his Throat to be torn by the imperious Wolf? Polyphemmh Den gives us a perfect Pattern of fuch a Peace. Such a Government wherein Dlyljes and his Companions had nothing to do, but quietly to iiiffer them- felves to be devour’d. And no doubt, VlyJJes, who was a prudent Man,preach’d up Pa (five Obedience, and exhorted them to a quiet Submiflion, by reprelenting to them of what concernment Peace was to Mankind ; and by fbewing the inconve- niencies might happen, if they fhould of¬ fer to refift Polyphemus, who had now the Power over them. • i 229. The end of Government is the good of Mankind , and which is beft for Mankind, that the People fhould be al¬ ways expos’d to the boundlefs will of Ty¬ ranny, or that the Rulers fhould be (ome- times liable to be oppos d , when they grow exorbitant in the ufe of their Pow¬ er, and imploy it for the deffrufUon, and not the prelervation of the Properties of their People? • 230. hi or ( 45 1 ) 2^0. Nor let any one fay, that mifi* :hief can arile from hence, as often as it (hall pleale a buly head or turbulent fpi- 'it to defire the alteration of the Govern- nent. ’Tis true, fuch Men may ftit whenever they pleafe, but it will be only o their own juft ruin and perdition. For ill the milchief be grown general, and the 11 defigns of the Rulers become vilible, or heir attempts fenfible to the greater part, he People, who are more dilpofed to fuf- er, than right themfelves by Refiftance, re not apt to ftir. The examples of par- icular Injustice, or Oppreffion of here nd there an unfortunate Man, moves hem not. But if they univerfally have perfwafion grounded upon manifeft evi- ilence, that defigns are carrying on a- jainft their Liberties, and the general ourle and tendency of things cannot >ut give them ftrong fufpicions of the vil intention of their Governours, who > to be blamed for it ? Who can help it, F they, who might avoid it, bring them- elves into this fufpicion ? Are the People d be blamed, if they have the fence of ra- ional Creatures, and can think of things o otherwife than as they find and feel hem? And is it not rather their fault pho put things in fuch a pofture that hey would not have them thought as they . . v Gg 2 -• are ? ( 452 ) 1 are? I grant, that the Pride, Ambition,and ’ Turbulency of private Men have fome- times caufed great Diforders in Common¬ wealths , and Faflions have been fatal to States and Kingdoms. But whether the mifchief hath oftner began in the Peoples Wantonnefs, and a Defire to call: off the lawful Authority of their Rulers; or in the Rulers Iniblence, and Endeavours to get, and exercife an Arbitrary Power over their People; whether Opprefiion, or Difc obedience gave the firft rile to the Dilbr- der, I leave it to impartial Hiftory to de - 1 termine. This I am fure, who-ever, ei¬ ther Ruler or Subject, by force goes about to invade the Rights of either Prince or People, and lays the foundation for over¬ turning the Conftitution and Frame of any Juft Government; he is guilty of the grea- teft Crime, I think, a Man is capable of, being to anfwerlbr all thole milchiefs, of Blood, Rapine, and Defblation, which the breaking to pieces of Governments bring on a Countrey. And he, who does it, is juftiy to be efteemed the common Enemy and Peft of Mankind ; and is to. be treated accordingly. •, 231. That Subje&s or Foreigners at¬ tempting by force, on the Properties of a- ny People, may be-refifted with force, is agreed on all hands. But that Magiftrates, • 'V doing ( 45 ?) doing the fame thing, may be refitted, hath of late been denied : As if thofe who had the greateft Priviledges and Ad¬ vantages by the Law, had thereby a Pow¬ er to break thofe Laws, by which alone they were let in a better place than their Brethren : whereas their Offence is thereby the greater, - both as being un¬ grateful for the greater (hare they have by the Law, and breaking alfo that Truft which is put into their hands by their Brethren. • 232. Whofoever ufes force without Right, as every one does in Society, who does it without Law; puts himfelf into a Rate of War with thofe, againft whom he fo ufes it, and in that ftate all former Ties are cancelled, all other Rights ceafe, •and every one has a Right to defend him¬ felf, and to refitt the Aggreffour. This is fo evident, that Barclay himfelf, that great Affertor of the Power and Sacred- nefs of Kings, is forced to confels, That it is lawful for the People, in fome Cafes, to refitt their King; and that too in a Chapter, wherein he pretends to fhew that the Divine Law flouts up the People from all manner of Rebellion. Whereby it is evident, even by his own Do&rine, that, fince they may, in fome Cafes, refitt, all refitting of Princes is not Rebellion. Gg 3 His (454) His Words are thele. Quod (iquis die at , Ergone populus tyrannic# crudelitate & furore jugulum femper prabebit ? Ergone multitudo cevifates fuas fame, ferro, & flammd vaftari , feqne f conjugeSy & liber osfor tun# ludibrio& tyranni Ubidini exponi, incite omnia vita pe- ricula omnefque miferias & moleflias a Rege deduce patientur ? Num illis quod omni ant- mantinm gtner 't eft a naturd tribalum^enega- ri debet, ut fc. vim vi repellant , fefeq\ ab in¬ juria tueantur ? Httic breviter refponfum jit , Populo tmiverfo negari defen fionem, qua juris naturalis e/? s neque ultionem qua prater natu- ram eft adverfus Regem concede debere. Qua- propter fi Rex non in fingulares t ant am perfo- nas aliquot privatum odium exerceat , fed cor¬ pus eteam Reipub/ic#, cujrn ipfe caput eft, i.e. totum pop a lam , vel infignem aliquam ejus partem immani & intolerandd favitid Jeu ty- rannide divexet ; populo, quidtm hoc cafu re¬ ft fendi ac tuendi fe ab injuria pote[l as compe- titiy fed tuendi fe tantum , nonenim in prin- cipem tnvadendi: & rejHtuend# injure# Mat#, non recedende d debit a reverent id propter ac¬ cept am injure am. Vrnfentem denique impe- turn propulfandi non vim prater it am ulcifcen- di jits habet. Horton enim alterum a naturd eft, ut vitam fcilicet corpufq\ tueamur. Alte- rnm vero contra n at nr am , ut inferior de fn- periori fupplicium fumat. Quod itaque po¬ pulus malum , antequam jaclum fit , impedire 4 ' potejl , (455 ) potelt,nefiat, idpoftquam factum eft , in Regem authorem feeler is vindicare non potejl. popu * Ins igitttr hoc amplihs quam privatus qmfpi- am habet •* Quod hutc^ vel ipfis adverfariis judicibus , excepto Buchanano , nullum nifi in pat lent la remedium Juperest. turn i lie ft in - tolcrabilis tyrannic eft (modicum enirn^ ferre omnino debet) refiftere cum reverent id pofflty Barclay contra Monarchom. 1 . 5. c. 8. In il Englifh thus: 2. 4 But if any one fhould ask, Muff 4 the People then always lay themfelves 4 open to the Cruelty and Rage of Ty- ‘ ‘ ranny ? Mull they fee their Cities pilla- 4 aed, and laid in allies, their Wives and < Children expoied to the Tyrant’s Lull:, 4 and Fury, and themfelves and Families 4 reduced, by their King, to Ruine, and • 4 all the Mileries of Want and Oppreflt- 4 on, and yet fit ftill ? Mufc Men alone 4 be debarred the common Priviledge of 4 oppoling force with force, which Nature 4 allows fo freely to all other Creatures, 4 for their prefervation from Injury ? I ‘anfwer: Self-defence is a part of the ‘Law of Nature; nor can it be denied 4 the Community, even againft the King * himfelf; but to revenge themfelves upon 4 him, muft by no means, be allowed 4 them; it being not agreeable to that 4 Law. Wherefore if the King fhall fhew Gg 4 / ‘an ( 4*6) r /; Cn hatred, not only to iome particular r Perfons, but .-lets' himfelf againft the 6 Body of tne Commonwealth, whereof 4 he is the Head, andlhall, with intolera- ‘ ble ill ufage, cruelly tyrannize over the ‘whole, or a confiderable part of the ‘People; in this cafe, the People have a right to refid and defend themlelves ‘ from Injury : but it muft be with this ‘ Caution , that they only defend them- ‘ Pelves, but do not attach their Prince : • ‘ They may repair the Damages re¬ ceived , but muft not, for any provo¬ cation, exceed the bounds of due R.e- ‘verence and Relped:. They may. re- * pulle the prelent attempt, but muft not 4 revenge paft violences. For it is natu- c ral for us to defend Life and Limb, but ‘that an Imeriour fhould punilh a Superi¬ or is againft: Nature. The mifchjef * ‘ which is defigned them, the People may 4 prevent before it be done, but when it is ‘ done, they muft not revenge it on the ‘King, though Author of the Yillany. ‘ This therefore is die Priviledge of the ‘People in general, above what any pri- 1 vate rerfon Hath ; That particular Men Cre allowed , by our Adversaries them- ‘ ielves, (Buchanm only excepted) to have ‘no otner Remedy but Patience ; but the ‘ Body of the People may, with Refpeci, ‘refift upon the Forfeiture of their Rulers, or at the Determination of the Time fet, it reverts to the Societv, and the People have a Right to a£l as Su¬ preme, and continue the Legiflative in themfdves, or place it in a new Form, or new hands, as they think good. FINIS.