beholden for it, to the accidental records that others have kept of it. And those that we have, of the beginning of any polities in the world, excepting that of the Jews, where God him- self immediately interposed, and which favours not at all paternal dominion, are all either plain instances of such a beginning as I have men- tioned, or at least have manifest footsteps of it. "§. 102. He must shew a strange inclination to deny evident matter of fact, when it agrees not with his hypothesis, who will not allow, that the beginning of Rome and Venice were by the uniting together of several men free and independent one of another, amongst whom there was no natural superiority or subjection. And if Josephus Acosta's word may be taken, he tells us, that in many parts of America there was no government at all. There are great and apparent conjectures, says he, that these men, speaking of those of Peru, for a long time had neither kings nor commonwealths, but lived hi troops, as they do to this day in Florida, the Cheriquanas, those of Brazil, and many other nations, tvhich have no certain kings, but as occa- sion is offered, in peace or tear, they choose their captains as they please, l.i. c. 25. If it be said, that every man there was born subject to his father, or the head of his family; that the sub- jection due from a child to a father took not away his freedom of uniting into what political society he thought fit, has been already proved. But be that as it will, these men, it is evident, OF CIVIL GOVERNMENT. 275 were actually free\ and whatever superiority some politicians now would place in any of them, they themselves claimed it not, but by consent were all equal, till by the same consent they set rulers over themselves. So that their politic societies all began from a voluntary union, and the mutual agreement of men freely acting in the choice of their governors, and forms of government.
§. 103. And I hope those who went away from Sparta with Palantus, mentioned by Justin, 1. iii. c. 4. will be allowed to have been freemen independent one of another, and to have set up a government over themselves, by their own consent. Thus I have given several exam- ples out of history, of people free and in the state of nature, that being met together incorporated and began a commonwealth. And if the want of such instances be an argument to prove that government were not, nor could not be so begun, I suppose the contenders for paternal empire were better to let it alone, than urge it against natural liberty: for if they can give so many instances, out of history, of governments begun upon paternal right, I think (though at best an argument from what has been, to what should of right be, has no great force) one might, without any great danger, yield them the cause. But if I might advise them in the case, they would do well not to search too much into the original of governments, as they have begun de facto, lest they should find, at the foundation of most 270 OF CIVIL GOVERNMENT.
of them, something very little favourable to the design they promote, and such a power as they contend for.
§. 104. But to conclude, reason being plain on our side, that men are naturally free, and the examples of history shewing, that the governments of the world, that were begun in peace, had their beginning laid on that founda- tion, and were made by the consent of the peo- ple; there can be little room for doubt, either where the right is, or what has been the opinion, or practice of mankind, about ihefirst erecting- of governments.
§. 105. I will not deny, that if we look back as far as history will direct us, towards the original of commoniuealths, we shall generally find them under the government and adminis- tration of one man. And I am also apt to believe, that where a family was numerous enough to subsist by itself, and continued entire together, without mixing with others, as it often happens, where there is much land, and few people, the government commonly be- gan in the father: for the father having, by the law of nature, the same power with every man else to punish, as he thought fit, any offences against that law, might thereby punish his transgressing children, even when they were men, and out of their pupilage; and they were very likely to submit to his punishment, and all join with him against the offender, in their turns, giving him thereby power to execute his OF CIVIL GOVERNMENT. 277 sentence against any transgression, and so in effect make him the law-maker, and governor over all that remained in conjunction with his family. He was fittest to be trusted; paternal affection secured their property and interest under his care; and the custom of obeying him, in their childhood, made it easier to submit to him, rather than to any other. If therefore they must have one to rule them, as government is hardly to be avoided amongst men that live together; who so likely to be the man as he that was their common father; unless negligence, cruelty, or any other defect of mind or body made him unfit for it? But when either the father died, and left his next heir, for want of age, wisdom, courage, or any other qualities, less fit to rule; or where seve- ral families met, and consented to continue together; there, it is not to be doubted, but they used their natural freedom, to set up him, whom they judged the ablest, and most likely, to rule well over them. Conformable here- unto we find the people of America, who (living- out of the reach of the conquering swords, and spreading domination of the two great empires of Peru and Mexico) enjoyed their own na- tural freedom, though, ccctcris paribus, they eommonly prefer the heir of their deceased king; yet if they find him any way weak, or uncapable, they pass him by, and set up the stoutest and bravest man for their ruler 106. Tims, though looking back as far as 278 OF CIVIL GOVERNMENT.
records give us any account of peopling the world, and the history of nations, we common- ly find the government to be in one hand; yet it destroys not that which I affirm, viz, that the beginning of politic society depends upon the consent of the individuals, to join into, and make one society; who, when they are thus incorporated, might set up what form of go- vernment they thought fit. But this having given occasion to men to mistake, and think, that by nature government was monarchical, and belonged to the father, it may not be amis here to consider, why people in the beginning generally pitched upon this form, which though perhaps the father's pre-eminency might, in the first institution of some commonwealths, give a rise to, and place in the beginning, the power in one hand; yet it is plain that the reason, that continued the form of government in a single person, was not any regard, or respect to paternal authority; since all petty monar- chies, that is, almost all monarchies, near their original, have been commonly, at least upon occasion, elective.
§. 107. First then, in the beginning of things, the father's government of the childhood of those sprung from him, having accustomed them to the rule of one man, and taught them that where it was exercised with care and skill, with affection and love to those under it, it was sufficient to procure and preserve to men all the political happiness they sought for OF CIVIL GOVERNMENT. 279 in society. It was no wonder that they should pitch upon, and naturally run into that form of government, which from their infancy they had been all accustomed to; and which, by experience, they had found both easy and safe. To which, if we add, that monarchy being simple, and most obvious to men, whom neither experience had instructed in forms of government, nor the ambition or insolence of empire had taught to beware of the encroach- ments of prerogative, or the inconveniencies of absolute power, which monarchy in succession was apt to lay claim to, and bring upon them; it was not at all strange, that they should not much trouble themselves to think of methods of restraining any exorbitances of those to whom they had given the authority over them, and of balancing the power of government, by placing several parts of it in different hands. They had neither felt the oppression of tyranni- cal dominion, nor did the fashion of the age, nor their possessions, or way of living, (which afforded little matter for covetousness or am- bition) give them any reason to apprehend or provide against it; and therefore it is no wonder they put themselves into such a frame of government, as was not only, as 1 said, most obvious and simple, but also best suited to their present state and condition; which stood more in need of defence against foreign invasions and injuries, than of multiplicity of laws. The equality of a simple poor way of 280 OF CIVIL GOVERNMENT.
living, confining their desires within the narrow bounds of each man's small property, made few controversies, and so no need of many laws to decide them, or variety of officers to superintend the process, or look after the execution of justice, where there were but few trespasses, and few offenders. Since then those, who liked one another so well as to join into society, cannot but be supposed to have some acquaintance and friendship together, and some trust one in another; they could not but have greater apprehensions of others, than of one another: and therefore their first care and thought cannot but be supposed to be, how to secure themselves against foreign force. It was natural for them to put themselves under a frame of government which might best serve to that end, and chuse the wisest and bravest man to conduct them in their wars, and lead them out against their enemies, and in this chiefly be their ruler.
\. 108. Thus we see, that the kings of the Indians in America, which is still a pattern of the first ages in Asia and Europe, whilst the inhabitants were too few for the country, and want of people and money gave men no temptation to enlarge their possessions of land, or contest for wider extent of ground, are little more than generals of their armies; and though they command absolutely in war, yet at home and in time of peace they exercise very little dominion, and have but a verv moderate OF CIVIL GOVERNMENT. 201 sovereignty, the resolutions of peace and war being ordinarily either in the people, or in a council. Though the war itself, which admits not of plurality of governors, naturally devolves the command into the king's sole authority.
\. 109. And thus in Israel itself, the chief business of their judges, and first kings, seems to have been to be captains in war, and leaders of their armies; which (besides what is signi- fied 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 story of Jephlha. The Ammo- nites making war upon Israel, the Gileadites in fear send to Jephtha, a bastard of their family whom they had cast off, and article with him, if he will assist them against the Ammonites, to make him their ruler; which they do in these words, And the people made him head and captain over them, Judges xi. 11. which was, as it seems, all one as to be judge* And he judged Israel, Judges xii. 7. that is, was their captain-general six years. So when Jotham upbraids the Shechemites with the obligation they had to Gideon, who had been their judge and ruler, he tells them, He fought for you, and adventured his life jar, and de- livered you out of the hands of Midian, J"g. ix. J 7. Nothing mentioned of him, but what he did as a general: and indeed that is all is found in his history, or in any of the rest of the judges. And Abimclech particularly is 202 OF CIVIL GOVERNMENT.
called king, thought at most he was but their general. And when, being weary of the ill conduct of Samuels sons, the children of Israel desired a king, like all the nations to judge them, and to go out before them, and to fight their battles, 1 Sam. viii. 20. God grant- ing their desire, says to Samuel, 1 ivill send thee a man, and thou shall anoint him to be captain over my people Israel, that he may save my people out of the hands of the Philistines, ix. 16. As if the only business of a king had been to lead out their armies, and light in their defence; and accordingly at his inauguration pouring a vial of oil upon him, declares to Saul, that the Lord had anointed him to be captain over his inheritance, x. 1. And there- fore those, who after Saul's being solemnly chosen and saluted king by the tribes at Mis- pah, were unwilling to have him their king, made no other objection but this, How shall this man save us? v. 27. as if they should have said, this man is unfit to be our king, not having skill and conduct enough in war, to be able to defend us. And when God resolved to transfer the government to David, it is in these words, Hut note thy kingdom shall not continue: the Lord hath sought him a man after his own heart, and the Lord hath commanded him to be captain over his people, xiii. 14. As if the whole kingly authority were no- thing else but to be their general: and there- fore the tribes who had stuck to Saul's family, OF CIVIL GOVERNMENT. 203 and opposed David's reign, when they came to Hebron with terms of submission to him, they tell him, amongst other arguments they had to submit to him as to their king, that he was in effect their king in Sauls time, and therefore they had no reason but to receive him as their king now. Also (say they) in time pasty tvhen Saul ivas king over us, thou ivast he that leddest out and broughtest in Israel, and the Lord said unto thee, Thou shall feed my people Israel, and thou shalt be a captain over Israel.
§. 110. Thus, whether a family by degrees greiv up into a commonwealth, and the fatherly authority being continued on to the elder son, every one in his turn growing up under it, tacitly submitted to it, and the easiness and equality of it not offending any one, every one acquiesced, till time seemed to have confirmed it, and settled a right of succession by prescription: or whether several families, or the descendents of several families, whom chance, neighbourhood, or business brought together, uniting into so- ciety, the need of a general, whose conduct might defend them against their enemies in war, and the great confidence the innocence and sincerity of that poor but virtuous age, (such as are almost all those which begin govern- ments, that ever come to last in the world) gave men one of another, made the first beginners of of commonwealths generally put the rule into one man's hand, without any other express 284 OF CIVIL GOVERNMENT.
limitation or restraint, but what the nature of the thing, and the end of government required: which ever of those it was that at first put the rule into the hands of a single person, certain it is no body was intrusted with it but for the public good and safety, and to those ends, in the infancies of commonwealths, those who had it commonly used it. And unless they had done so, young societies could not have sub- sisted; without such nursing fathers tender and careful of the public weal, all governments would have sunk under the weakness and infir- mities of their infancy, and the prince and the people had soon perished together.
§. 111. But though the golden age (before vain ambition, and amor sceleralus kabendi, evil concupiscence, had corrupted men's minds into a mistake of true power and honour) had more virtue, and consequently better governors, as well as less vicious subjects; and there was then no stretching prerogative on the one side, to oppress the people; nor consequently on the other, any dispute about privilege, to lessen or restrain the power of the magistrate, and so no contest betwixt rulers and people about governors or government: yet, when ambition and luxury in future ages* would retain and • At first, when some certain kind of regiment was once approved, it may be nothing was then farther thought upon for the manner of governing, but all permitted unto their •wisdom and discretion which were to rule, till by experience they found this for all parts very inconvenient, so as the OF CIVIL GOVERNMENT. 285 increase the power, without doing the business for which it was given; and aided by flattery, taught princes to have distinct and separate interests from their people, men found it neces- sary to examine more carefully the original and rights of government; and to find out ways to restrain the exorbitances, and prevent the abuses of that power, which they having intrusted in another's hands only for their own good, they found was made use of to hurt them.
§. 112. Thus we may see how probable it is, that people that were naturally free, and by their own consent either submitted to the government of their father, or united together out of different families to make a government, should generally put the rule into one mans hands, and chuse to be under the conduct of a single person, without so much as by express conditions limiting or regelating his power, which they thought safe enough in his honesty and prudence; though they never dreamed of monarchy being Jure Divino, which we never heard of among mankind, till it was revealed to us by the divinity of this last age; nor ever allowed paternal power to have a right to do- minion, or to be the foundation of all governthing which they had devised for a remedy, did indeed hut increase the sore which it should have cured. They saw, that to live by one man's will, became the cause of all men's misery. This constrained them to come unto laws wherein all men might see their duty beforehand, and know the penal- ties of transsressino; them. Hooker's Eccl. Pol. I. i. sect. 10.
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ment. And thus much may suffice to shew, that as far as we have any light from history, we have reason to conclude, that all peaceful beginnings of government have been laid in the consent of the 'people. I say peaceful, because I shall have occasion in another place to speak of conquest, which some esteem a way of beginning of governments.
The other objection I find urged against the beginning of polities in the way 1 have men- tioned, is this, viz.
§. 113. That all men being born under govern- ment, some or other, it is impossible any of them should ever be free, and at liberty to unite together, and begin a new one, or ever be able to erect a lauf id government.
If this argument be good; I ask, how came so many lawful monarchies into the world? for if any body, upon this supposition, can shew me any one man in any age of the world free to begin a lawful monarchy, I will be bound to shew him ten other free men at liberty, at the same time to unite and begin a new government under a regal, or any other form; it being demonstration, that if any one, born under the dominion of another, may be no free as to have a right to command others in a new and distinct empire, every one that is born under the dominion of another may be so free too, and may become a ruler, or subject, of a distinct separate govern- ment. And so by this their own principle, either all men, however born, are free, or else OF CIVIL GOVERNMENT. 287 there is but one lawful prince, one lawful govern- ment in the world. And then they have nothing to do, but barely to shew us which that is; which when they have done, I doubt not but all man- kind will easily agree to pay obedience to him.
§. 114. Though it be a sufficient answer to their objection, to shew that it involves them in the same difficulties that it doth those they use it against; yet I shall endeavour to discover the weakness of this argument a little farther.
All men, say they, are born under government, and therefore they cannot be at liberty to begin a neiv one. Every one is bom a subject to his father or his prince, and is therefore under the perpetual tie of subjection and allegiance. It is plain mankind never owned nor considered any such natural subjection that they were born in, to one or to the other that tied them, with- out their own consents, to a subjection to them and their heirs.
§. 115. For there are no examples so fre- quent in history, both sacred and profane, as those of men withdrawing themselves, and their obedience from the jurisdiction they were born under, and the family or community they were bred up in, and setting up new governments in other places; from whence sprang all that number of petty commonwealths in the begin- ning of ages, and which always multiplied, as long as there was room enough, till tiie stronger, or more fortunate, swallowed the weaker; and those great ones again breaking to pieces, 288 OF CIVIL GOVERNMENT.
dissolved into lesser dominions. All which are so many testimonies against paternal sovereignty, and plainly prove, that it was not the natural right of the father descending to his heirs, that made governments in the begin- ning, since it was impossible, upon that ground, there should have been so many little king- doms; all must have been but only one universal monarchy, if men had not been at liberty to separate themselves from their families, and the government, be it what it will, that was set up in it, and go and make distinct common- wealths and other governments as they thought fit.
§. 116. This has been the practice of the world from its first beginning to this day; nor is it now any more hindrance to the freedom of mankind, that they are bom under constituted and ancient polities, that have established laws, and set forms of government, than if they were born in the woods, amongst the unconfined inhabitants, that run loose in them: for those, who would persuade us, that by being bom under any government, ive are naturally subjects to it, and have no more any title or pretence to the freedom of the state of nature, have no other reason (bating that of paternal power, which we have already answered) to produce for it, but only, because our fathers or progenitors passed away their natural liberty, and thereby bound up themselves and their posterity to a perpetual subjection to the government, which OF CIVIL GOVERNMENT. 289 they themselves submitted to. It is true, that whatever engagements or promises any one has made for himself, he is under the obligation of them, but cannot, by any compact whatsoever, bind his children or posterity: for his son, when a man, being altogether as free as the father, any act of the father can no more give away the liberty of the son, than it can of any body else: he may indeed annex such conditions to the land, he enjoyed as a subject of any common- wealth, as may oblige his son to be of that community, if he will enjoy those possessions which were his fathers; because that estate being his father's property, he may dispose, or settle it, as he pleases.
§. 117. And this has generally given the oc- casion to mistake in this matter; because com- monwealths not permitting any part of their dominions to be dismembered, nor to be enjoyed by any but those of their community, the son cannot ordinarily enjoy the possessions of his father, but under the same terms his father did, by becoming a member of the society; whereby he puts himself presently under the government he finds there established, as much as any other subject of that common- wealth. And thus the consent of free men bom under government, which only makes them members of it, being given separately in their turns, as each comes to be of age, and not in a multitude together; people take no notice of it, and thinking it not done at all, or not u 290 OF CIVIL GOVERNMENT.
necessary, conclude they are naturally subjects as they are men.
§. 118. But, it is plain governments them- selves understand it otherwise; they claim no power over the son, because of that they had over the father; nor look on children as being their subjects, by their fathers being* so. If a subject of England have a child, by an En- glish woman in France, whose subject is he? Not the king of England" s; for he must have leave to be admitted to the privileges of it: nor the king of France's; for how then has his father a liberty to bring him away, and breed him as he pleases? and whoever was judged as a traytor or deserter, if he left, or warred against a country, for being barely born in it of parents that were aliens there? It is plain then, by the practice of governments them- selves, as well as by the law of right reason, that a child is born a subject of no country or government. He is under his father's tuition and authority, till he comes to age of discre- tion; and then he is a freeman, at liberty what government he will put himself under, what body politic he will unite himself to: for if an Englishman s son, born in France, be at liberty, and may do so, it is evident there is no tie upon him by his father's being a subject of this kingdom; nor is he bound up by any