Abbildungen der Seite
PDF
EPUB

without their due reflection, the contra- not the least footstep of one moment of dictions he runs into, by making some paternal government, nor the re-estatimes inheritance alone, sometimes only blishment of the ancient and prime right grunt or inheritance, sometimes only in- of lineal succession to it, whether we heritance or usurpution, sometimes all suppose it to be derived, as from its these three, and at last election, or any fountain, from David, Saul, Abraham, other means, added to them, whereby or, which upon our author's principles, Adam's royal authority, that is, his right is the only true, from Adam. to supreme rule, could be conveyed down to future kings and governors, so OF CIVIL GOVERNMENT. as to give them a title to the obedience

BOOK II. and subjection of the people. But these

CHAPTER I. contradictions lie so open, that the very 1. It having been shewn in the foregoreading of our author's own words will ing discourse, discover them to any ordinary under- 1. That Adam had not, either by nastanding; and though what I have quoted tural right of fatherhood, or by positive out of hiın (with abundance more of the donation from God, any such authority same strain and coherence which might over his children, or duminiou over the be found in him) might well excuse me world, as is pretended: from any farther trouble in this argu-. 2. That if he had, his heirs, yet, had ment, yat having proposed to myself, to no right to it; examine the main parts of his doctrine, 3. That if his heirs had, their being I shall a little more particularly consi- no law of nature, nor positive law of der how inheritance, grunt, usurpation, God, that deterniines which is the right or election, can any way inake out go. heir in all cases that may arise, the right vernment in the world upon his princi- of succession, and consequently of bear. ples; or derive to any one a right of ing rule, could not have been certainly empire from this regal authority of Adam, determined : had it been never so well proved, that' 4. That if even that had been deterhe had been absolute monarch, and lord mined, yet the knowledge of which is of the whole world. .

the eldest line of Adam's posterity, be[Chap. IX. Of Monarchy by Inheri ing so long since utterly lost, that in the tance from Adam. Chap. X. Of the races of inankind and families of the Heir to Adam's Monarchical Power, world, there remains not to one above Chap. XI. Who is Heir, or who, by Din another, the least pretence to be the vine Institution has a Right to be King eldest house, and to have the right of over all men. The remark we have al- inheritance: ready made respecting some preceding All these premises havig, as I think, chapters are equally applicable to these. been clearly made out, it is impossible To Sir Robert Filmer's main argument, that the rulers now on earth should make That God in giving the Israelites a king, any benefit, or derive any the least share-established the ancient and prime right dow of authority from that, which is held of lineal succession to paternal govern- to be the fouutain of all power, Adain's ment, Mr. Locke concludes the first part private dominion und paternal jurisdicof his work as follows.

1 tion; so that he that will not give just What a lineal succession to paternal occasion to think that all government in government was then established, we the world is the product only of force have already seen. I only now consider and violence, and that men live together how long this lasted, and that was to by no other rules but that of beasts, their captivity, about fire hundred years: where the strongest carries it, and so lay from thence to their destruction by the a foundation for perpetual disorder and Romans, above, six hundred and fifty mischief, tumult, sedition, and rebellion, years after, the ancieni und prime right (things that the followers of that hypoof lincul succession to paternal govern thesis so loudly cry out against) must of ment was again lost, and they continued necessity find out another rise of governa people in the promised land without it. ment, another original of political power, So that of one thousand seven hundred and another way of designing and know and fifty years that they were God's pe- ing the persons that have it, than what culiar people, they had hereditary kingly Sir R. Filmer bath taught us. government amongst them not one third 2. To this purpose, I think it may of the time, and of that time iltere is not be amiss, to set down wbat I take

to be political power; that the power of must, needs all have one measure; if I a magistrate over a subject may be dis- cunnot but wish to receive good, even as tinguished from that of a father over his much at every man's hands, as any man children, a master over his servant, ą can wish unto his own soul, how should husband over his wife, and a lord over I look to have any part of my desire bis slave. All which distinct powers herein satisfied, unless myself be careful happening sometimes together in the to satisty the like desire, which is unsame man, if he be considered under doubtedly in other men, being of one and these different relations, it may help us the sanie nature? To have any thing to distinguish these powers one from offered them repugnant to this desire, another, and shew the difference betwixt must needs, in ali respects grieve them a ruler of a commonwealth, a father of as much as me; so that if I do harm I a family, and a captain of a galley, we must look to suffer, there being no reason

3. Political power, then, I take to be that others should show greater measure a right of inaking laws with penalties of of love to me, than they have by me shewed death, and consequently all less penal- unto them : my desire, therefore, to be ties, for the regulating and preserving of loved by my equals in nature, as much as property, and of employing the force of possible may be, imposeth upon me a nathe community, in the execution of such tural duty of bearing to them-ward fully laws, and in the defence of the common the like affection; from which relation wealth from foreign injury; and all this of equality between ourselves and them only for the public good. .

that ure us ourselves, what several rules CHAPTER II.

and canons natural reason hath drawn, Of the State of Nature. for direction of life, no man is ignorant. 4. To understand political power right, Eccl. Pol. Lib. i. and derive it from its original, we must 6. But though this be a state of liber. consider, what state all men are natu- ty, yet it is not a state of licence : though rally in, and that is, a state of perfect man in that state have an uncontroulfreedom to order their actions, and dis able liberty to dispose of his person or pose of their possessions and persons, as possessions, yet he has not liberty to de they think fit, within the bounds of the stroy himself, or so much as any creature law of nature, without asking leave, or in his possession, but where some nobler depending upon the will of any other man, use than its bare preservation calls for

A state also of equality, wherein all it. The state of nature has a law of nathe power and jurisdiction is reciprocal, ture to govern it, 'which obliges every no one having more than another; there one: and reason, which is that law, being nothing more evident, than that teaches all mankind, who will but concreatures of the same species and rank, sult it, that being all equal and indepenpromiscuously born to all the same ad. dent, no one ought to harm another in vantages of nature, and the use of the his life, health, liberty, or possessions : same faculties, should also be equal one for men being all the workmanship of amongst another, without subordination one omnipotent, and infinitely wise maor subjection, unless the lord and master ker; all the servants of one sovereign, of them all should, by any manifest de master, sent wto the world by his order, claration of his will, set one above ano and about his business; they are his prother, and confer on hin, by ar: evident perty, whose workmanship they are, and clear appointment, au undoubted made to last during his, not one anoright to dominion and sovereignty. ther's pleasure: and being furnished

5. This equality of men by nature, the with like faculties, sharing all in one judicious Hooker looks upon as so evi community of nature, there cannot be dent in itself, and beyond all question, supposed any such subordination among that he makes it the foundation of that us, that may authorise us to destroy obligation to mutual love amongst men, one another, as if we were made for on which he builds the duties they owe one another's uses, as the inferior one another, and from whence he de- ranks of creatures are for ours. Every lives the great maxims of justice and one, as he is bound to preserve himself, charity. His words are,

and not to quit his station wilfully, so by The like natural inducement hath the like reason, when his own preservabrought men to know that it is no less tion comes not in competition, ought he, Their duty to love others than themselves; as much as he can, to preserve the rest for seeing those things which are equal, of inankind, and may not, unless it bo

to do justice on an offender, take away, deter him, and by his example others, or impair the life, or, what tends to the from doing the like mischief. And in preservation of the life, the liberty, health, this case, and upon this ground, edery limb, or goods of another.

man hath n right to punish the offender, 7. And that all men may be restrained and be executioner of the law of nature. from invading others rights, and from do 9. I doubt not but this will seem a ing hurt to one another, and the law of very strange doctrine to some men : but nature be observed, which willeth the before they condenin it, I desire them peace and preservation of all mankind, to resolve me, by what right any prince the execution of the law of nature is, in or state can put to death, or punish an that state, put into every man's hands, alien, for any crime be commits in their whereby every one has a right to punish country. It is certain their laws, by the transgressors of that law to such a virtue of any sauction they receive from degree, as may hinder its violation :- for the promulgated will of the legislative, the laro of nature would, as all other reach not a stranger : they speak not to laws that concern men in this world, be him, nor, if they did, is he bound to in vain, if there were nobody that in the hearken to them. The legislative authostate of nature had a power to execute rity, by which they are in force over the that law, and thereby preserve the inno- subjects of that commonwealth, hath no cent and restrain offenders. And it any power over him. Those who have the one in the state of nature may punish supreme power of making laws in Enganother for any evil he has done, every land, France or Holland, are to an In. one may do so: for in that state of perfect dian, but like the rest of the world, men equality, where naturally there is no supe without authority: and therefore, if by riority or jurisdiction of one over another, the law of nature every man hath not a what any may do in prosecution of that power to punish offences against it, as law, every one must needs have a right he soberly judges the case to require, I to do.

see not how the magistrates of any com8. And thus, in the state of nature, munity can punish an alien of another one man comes by a power over another; country; since, in reference to him, but yet no absolute or arbitrary power, they can have no more power than what to use a criminal, when he has got every mau naturally may have over anohim in bis hands, according to the pas- ther. sionate heats, or boundless extravagancy 10. Besides the crime which consists of his own will; but only to retribute to in violating the law, and varying from him, so far as calm reason and consci- the right rule of reason, whereby a man ence dictate, what is proportionate to so far becomes degenerate, and declares his transgression, which is so much as himself to quit the principles of human may serve for reparation and restraint : nature, and to be a noxious creature, for these two are the only reasons, why there is commonly injury done to some one man may lawfully do harm to ano. person or other, and some other man ther, which is that we call punishment. receives damage by his transgression : In transgressing the law of nature, the in which case he who hath received offender declares himself to live by ano any damage, has, besides the right of ther rule than that of reason and com- punishment common to him with other mon equity, which is that measure God men, a particular right to seek reparahas set to the actions of men, for their tion from him that has done it: and mutual security; and so he becomes dan any other person, who finds it just, may gerous to mankind, the tye, which is to also join with him that is injured, and secure them from injury and violence, assist him in recovering from the offender being slighted and broken by him. Which so much as may make satisfaction for the being a trespass against the whole spe- harm he has suffered. cies, and the peace and safety of it, 11. From these two distinct rights, the provided for by the law of nature, every one of punishing the crime for restraint, man upon this score, by the right he and preventing the like offence, which hath to preserve mankind in general, right of punishing is in every body; the say restrain, or where it is necessary, other of taking reparation, which bedestroy things noxious to them, and so longs only to the injured party, comes it may bring such evil on any one, who to pass that the magistrate, who by being bath transgressed that law, as may make magistrate hath the common right of puhim repent the doing of it, and thereby nishing put into his hands, can often, where the public good demands not the creature, and a studier of that law, as execution of the law, remit the punish- the positive laws of commonwealths; ment of criminal offences by his own au- nay, possibly plainer; as much as reathority, but yet cannot remit the satis- son is easier to be understood, than the faction due to any private man for the fancies and intricate contrivances of damage he has received. That, he why men, following contrary and hidden inhas suffered the damage has a right to terests put into words; for so truly are demand in his own name, and he alone a great part of the municipal laws of can remit: the damnified person has this countries, which are only so far right, power of appropriating to himself the as they are founded on the law of vature, goods or service of the offender, by right by which they are to be regulated and of self-preservation, as every man has a interpreted. power to punish the crime, to prevent 13. To this strange doctrine, viz. That ats being committed again, by the right in the state of nature every one has the he hus of preserving ull mankind, and executive power of the law of nature, I doing all reasonable things he can in doubt not but it will be objected, that order to that end : and thus it is, that it is unreasonable for men to be judges every man, in the state of nature, has in their own cases; that self-love will a power to kill a murderer, both to deter make inen partial to themselves and others from doing the like injury, which their friends: and on the other side, thac no reparation can compensate, by the ill-nature, passion and revenge will carry example of the punishment that attends them too far in punishing others; and it from every body, and also to secure hence nothing bui confusion and disorder men from the attempts of a criminal, will follow; and that therefore God hath who having renounced reason, the com- certainly appointed government to remon rule and measure God bath given strain the partiality and violence of men. to mankind, hath, by the unjust vio- I easily grant, that civil government is lence and slaughter he hath committed the properremedy for the inconveniencies upon one, declared war against all man- of the state of nature, which must cerkind, and therefore may be destroyed as tainly be great, where men may be judges a lion or tyger, one of those wild savage in their own case, since it is easy to be beasts, with whom men can have no so- imagined, that he who was so unjust as ciety nor security: and upon this is to do his brother an injury, will scarce grounded that great law of nature, whoso be so just as to condemn himself for it: sheddeth man's blood, by man shall his but I shall desire those who make this blood be shed. And Cain was so fully cbjection, to remember, that absolute convinced, that every one had a right to monarchs are but med ; and if governdestroy such a criminal, that after the ment is to be the remedy of those evils. murder of his brother, he cries out, which necessarily follow from men's beevery one that findeth me, shall slay me; ing judges in their own cases, and the so plain was it writ in the hearts of all state of nature is therefore pot to be enmankind.

dured, I desire to know what kind of go12. By the same reason may a man vernment that is, and how much betler in the state of nature punish the lesser' it is than the state of nature, where ove breaches of that law. It will perhaps be man, commanding a muloitude, has the demanded,With dea:h? I answer, each liberty to be judge in his own case, and transgression may be punished to that may do to all his subjects whatever he degree, and with so much severity, as pleases, without the least liberty to any will suffice to make it an ill bargain to one to question or controul those who the offender, give him cause to repent, execute his pleasure? and in whatsoever and terrify others from doing the like. he doth, whether led by reason, mistake Every offence, that can be committed or passion, must be submitted to? much in the state of nature, may in the state better it is in the state of natire, wherein of nature be also punished equally, and men are not bound to submit to the unas far forth as it may, in a common- just will of another: and if he ibat judges. wealth: for though it would be besides judges amiss in his own, or any other my present purpose, to enter here into case, he is answerable for it to the rest the particulars of the law of nature, or of inankind. its measures of punishment; yet, it is 14. It is often asked as a mighty obcertain there is such a law, and that too, jection, where are, or ever were there as intelligible and plain to a rational any men in such a state of nature ? To

VOL. IX.

which it may suffice as an answer at pre- design upon another man's life puts him sent, that since all princes and rulers of in a state of war with bim against whom independent governments all throngh the he has declared such an intention, and world, are in a state of nature, it is so has exposed his life to the other's plain the world never was, nor ever will power to be taken away by him, or any be, without numbers of men in that state. one that joins with him in his defence, I have named all governors of indepen- and espouses bis quarrel; it being readent communities, whether they are, or sonable and just, I should have a right are not, in league with others : for it is to destroy that which threatens me with not every compact that puts an end destruction: for, by the fundamental law to the state of nature between men, but of nature, man being to be preserved as only this one of agreeing together mu- much as possible, when all cannot be tually to enter into one community, and preserved, the safety of the inducent is to make one body politic; other promises, be preferred: and one may destroy a and compacts, men may make one with man who makes war upon him, or has another, and yet still be in the same discovered an enmity to his being, for state of nature. The promises and bar- the same reason that he may kill a wolf gains for truck, &c. between the two or a lion; because such men are not unmen in the desert island, mentioned by der the ties of the common-law of reason, Garcilasso de la Vega, in his History of have no other rule, but that of force and Peru; or between a Swiss and an Indian, violence, so may be treated as beasts of in the woods of America, are binding to prey, those dangerous and noxious creathem, though they are perfectly in a tures, that will be sure to destroy bim state of nature, in refereuce to one ano whenever be falls into their power. ther: for truth and keeping of faith be 17. And hence it is, that he who atlongs to men, as men, and not as mem- tempts to get another man into his absobers of society,

lute power, does thereby put himself 15. To those that say, there were ne- into a state of war with him; it being to ver any men in the state of nature, I be understood as a declaration of a dewill not only oppose the authority of the sign upon his life: for I have reason to judicious Fooker, Eccl. Pol. Lib. I. conclude, that he who would get me into Sect. 10. where he says, The laws which his power without my consent, would use have been hitherto mentioned, i. e. the me as he pleased when he had got me laws of nature, do bind men absolutely, there, and destroy me too when he had even as they are men, although they have a fancy to it; for no body can desire to never any settled fellowship, never any so have me in his absolute power, unless it lemn agreement amongst themselves what be to compel me by force to that which to do, or not to do: but foruşmuch as we is against the right of my freedom, i.e. are not by ourselves sufficient to furnish make me a slave. To be free from such ourselves with competent store of things, force is the only security of my preserneedful for such a life us our nature doth vation; and reason bids me look on him desire, a life fit for the dignity of man; as an enemy to my preservation, who therefore to supply those defects and im- would take away that freedom which is perfections which ure in us, as living the fence to it; so that he who makes an single and solely by ourselves, we are na- attempt to enslave me, thereby puts himturally induced to seek communion and self into a state of war wiih me. He fellowship with others: this wus the that, in the state of nature, would take cause of men's uniting themselves at first away the freedom that belongs to any in politic societies. But I moreover af- one in that state, inust necessarily be firm, that all men are naturally in that supposed to have a design to take away state, and remain so, till by their own every thing else, that freedom being the consent they make themselves members foundation of all the rest; as he that, in of some politic society; and I doubt not the state of society, would take away in the sequel of this discourse to make it the freedom belonging to those of that very clear.

society or common-wealth, must be supCHAPTER III.

posed to design to take away from them Of the stute of Wur.

every thing else, and so be looked on as 16. The state of war is a state of eno in a state of war. mity and destruction : and therefore de- 18. This makes it lawful for a man to claring by word or action, not a pas- kill a thief, who bas not in the least sionate and hasty, but a sedate settled hurt him, nor declared any design upon

« ZurückWeiter »