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diff --git a/old/trgov10h.htm b/old/trgov10h.htm new file mode 100644 index 0000000..03740dc --- /dev/null +++ b/old/trgov10h.htm @@ -0,0 +1,1696 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> +<head> +<title>The Project Gutenberg eBook of Two Treatises of +Government, by John Locke</title> +<meta http-equiv="content-Type" content= +"text/html; charset=us-ascii"> +</head> +<body> +<h1>The Project Gutenberg eBook of Two Treatises of Government, +by John Locke</h1> + +<pre> +Copyright laws are changing all over the world. Be sure to check the +copyright laws for your country before downloading or redistributing +this or any other Project Gutenberg eBook. + +This header should be the first thing seen when viewing this Project +Gutenberg file. Please do not remove it. Do not change or edit the +header without written permission. + +Please read the "legal small print," and other information about the +eBook and Project Gutenberg at the bottom of this file. Included is +important information about your specific rights and restrictions in +how the file may be used. You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: Two Treatises of Government + +Author: John Locke + +Release Date: January, 2005 [EBook #7370] +[This file was first posted on April 22, 2003] + +Edition: 10 + +Language: English + +Character set encoding: US-ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK, TWO TREATISES OF GOVERNMENT *** + + + + +</pre> + +<h3>SECOND TREATISE OF GOVERNMENT by JOHN LOCKE</h3> + +<p>Digitized by Dave Gowan</p> + +<p>John Locke's "Second Treatise of Government" was published in +1690. The complete unabridged text has been republished several +times in edited commentaries. This is based on the paperback +book, "John Locke Second Treatise of Government", Edited, with an +Introduction, By C.B. McPherson, Hackett Publishing Company, +Indianapolis and Cambridge, 1980. None of the McPherson edition +is included in the Etext; only the original words contained in +the 1690 Locke text is included. The 1690 edition text is free of +copyright.</p> + +<p>This text is in the PUBLIC DOMAIN, posted to Wiretap 1 Jul +94.</p> + +<p>This text was converted to HTML format in Fall 1996 and the +italics in the text added. Various errors in the wiretap version +due to scanning problems were removed.</p> + +<hr size="4" noshade> +<br> +<br> + + +<center> +<h1>1690</h1> +</center> + +<center> +<h1>TWO TREATISES OF GOVERNMENT</h1> +</center> + + +<h2 align="CENTER">BY IOHN LOCKE</h2> + +<p><br> +</p> + +<blockquote> +<h2>SALUS POPULI SUPREMA LEX ESTO</h2> + +LONDON PRINTED MDCLXXXVIIII REPRINTED, THE SIXTH TIME, BY A. +MILLAR, H. WOODFALL, 1. WHISTON AND B. WHITE, 1. RI- VINGTON, L. +DAVIS AND C. REYMERS, R. BALD- WIN, HAWES CLARKE AND COLLINS; W. +IOHN- STON, W. OWEN, 1. RICHARDSON, S. CROWDER, T. LONGMAN, B. +LAW, C. RIVINGTON, E. DILLY, R. WITHY, C. AND R. WARE, S, BAKER, +T. PAYNE, A. SHUCKBURGH, 1. HINXMAN MDCCLXIIII TWO TREATISES OF +GOVERNMENT. IN THE FORMER THE FALSE PRINCIPLES AND FOUNDATION OF +SIR ROBERT FILMER AND HIS FOLLOWERS ARE DETECTED AND OVERTHROWN. +THE LATTER IS AN ESSAY CONCERNING THE TRUE ORIGINAL EXTENT AND +END OF CIVIL GOVERNMENT. <br> +<br> +</blockquote> + +<center> +<h3>1764 EDITOR'S NOTE</h3> +</center> + +<p>The present Edition of this Book has not only been collated +with the first three Editions, which were published during the +Author's Life, but also has the Advantage of his last Corrections +and Improvements, from a Copy delivered by him to Mr. Peter +Coste, communicated to the Editor, and now lodged in Christ +College, Cambridge.</p> + +<hr> +<p><a name="PREFACE"></a></p> + +<center> +<h3>PREFACE</h3> +</center> + +<p>Reader, thou hast here the beginning and end of a discourse +concerning government; what fate has otherwise disposed ofthe +papers that should have filled up the middle, and were more than +all the rest, it is not worth while to tell thee. These, which +remain, I hope are sufficient to establish the throne of our +great restorer, our present King William; to make good his title, +in the consent of the people, which being the only one of all +lawful governments, he has more fully and clearly, than any +prince in Christendom; and to justify to the world the people of +England, whose love of their just and natural rights, with their +resolution to preserve them, saved the nation when it was on the +very brink of slavery and ruin. If these papers have that +evidence, I flatter myself is to be found in them, there will be +no great miss of those which are lost, and my reader may be +satisfied without them: for I imagine, I shall have neither the +time, nor inclination to repeat my pains, and fill up the wanting +part of my answer, by tracing Sir Robert again, through all the +windings and obscurities, which are to be met with in the several +branches of his wonderful system. The king, and body of the +nation, have since so thoroughly confuted his Hypothesis, that I +suppose nobody hereafter will have either the confidence to +appear against our common safety, and be again an advocate for +slavery; or the weakness to be deceived with contradictions +dressed up in a popular stile, and well-turned periods: for if +any one will be at the pains, himself, in those parts, which are +here untouched, to strip Sir Robert's discourses of the flourish +of doubtful expressions, and endeavour to reduce his words to +direct, positive, intelligible propositions, and then compare +them one with another, he will quickly be satisfied, there was +never so much glib nonsense put together in well-sounding +English. If he think it not worth while to examine his works all +thro', let him make an experiment in that part, where he treats +of usurpation; and let him try, whether he can, with all his +skill, make Sir Robert intelligible, and consistent with himself, +or common sense. I should not speak so plainly of a gentleman, +long since past answering, had not the pulpit, of late years, +publicly owned his doctrine, and made it the current divinity of +the times. It is necessary those men, who taking on them to be +teachers, have so dangerously misled others, should be openly +shewed of what authority this their Patriarch is, whom they have +so blindly followed, that so they may either retract what upon so +ill grounds they have vented, and cannot be maintained; or else +justify those principles which they preached up for gospel; +though they had no better an author than an English courtier: for +I should not have writ against Sir Robert, or taken the pains to +shew his mistakes, inconsistencies, and want of (what he so much +boasts of, and pretends wholly to build on) scripture-proofs, +were there not men amongst us, who, by crying up his books, and +espousing his doctrine, save me from the reproach of writing +against a dead adversary. They have been so zealous in this +point, that, if I have done him any wrong, I cannot hope they +should spare me. I wish, where they have done the truth and the +public wrong, they would be as ready to redress it, and allow its +just weight to this reflection, viz. that there cannot be done a +greater mischief to prince and people, than the propagating wrong +notions concerning government; that so at last all times might +not have reason to complain of the Drum Ecclesiastic. If any one, +concerned really for truth, undertake the confutation of my +Hypothesis, I promise him either to recant my mistake, upon fair +conviction; or to answer his difficulties. But he must remember +two things.<br> + First, That cavilling here and there, at some +expression, or little incident of my discourse, is not an answer +to my book.<br> + Secondly, That I shall not take railing for arguments, +nor think either of these worth my notice, though I shall always +look on myself as bound to give satisfaction to any one, who +shall appear to be conscientiously scrupulous in the point, and +shall shew any just grounds for his scruples.<br> + I have nothing more, but to advertise the reader, that +Observations stands for Observations on Hobbs, Milton, &c; and +that a bare quotation of pages always means pages of his +Patriarcha, Edition 1680.</p> + +<center> +<h1>OF CIVIL-GOVERNMENT</h1> +</center> + +<center> +<h2>Book II</h2> +</center> + +<p><a name="CHAP. I"></a></p> + +<h3>CHAPTER. I.</h3> + +<p><a name="Sect. 1."></a>Sect. 1. It having been shewn in the +foregoing discourse,<br> + 1. That <em>Adam</em> had not, either by natural +right of fatherhood, or by positive donation from God, any such +authority over his children, or dominion over the world, as is +pretended:<br> + 2. That if he had, his heirs, yet, had no right to +it:<br> + 3. That if his heirs had, there being no law of +nature nor positive law of God that determines which is the right +heir in all cases that may arise, the right of succession, and +consequently of bearing rule, could not have been certainly +determined:<br> + 4. That if even that had been determined, yet the +knowledge of which is the eldest line of <em>Adam's</em> +posterity,being so long since utterly lost, that in the races of +mankind and families of the world, there remains not to one above +another, the least pretence to be the eldest house, and to have +the right of inheritance:<br> + 5. All these premises having, as I think, been +clearly made out, it is impossible that the rulers now on earth +should make any benefit, or derive any the least shadow of +authority from that, which is held to be the fountain of all +power, <em>Adam's private dominion and paternal +jurisdiction:</em> so that he that will not give just occasion to +think that all government in the world is the product only of +force and violence, and that men live together by no other rules +but that of beasts, where the strongest carries it, and so lay a +foundation for perpetual disorder and mischief, tumult, sedition +and rebellion, (things that the followers of that hypothesis so +loudly cry out against) must of necessity find out another rise +of government, another original of political power, and another +way of designing and knowing the persons that have it, than what +<em>Sir Robert Filmer</em> hath taught us.</p> + +<p><a name="Sect. 2."></a>Sect. 2. To this purpose, I think it +may not be amiss, to set down what I take to be political power; +that the power of a <em>magistrate</em> over a subject may be +distinguished from that of a <em>father</em> over his children, a +<em>master</em> over his servant, a <em>husband</em> over his +wife, and a <em>lord</em> over his slave. All which distinct +powers happening sometimes together in the same man, if he be +considered under these different relations, it may help us to +distinguish these powers one another and shew the difference +betwixt a ruler of a commonwealth, a father of a family, and a +captain of a galley.</p> + +<p><a name="Sect. 3."></a>Sect. 3. <em>Political power,</em> +then, I take to be a <em>right</em> of making laws with penalties +of death, and consequently all less penalties, for the regulating +and preserving of property, and of employing the force of the +community, in the execution of such laws, and in the defence of +the common-wealth from foreign injury; and all this only for the +public good. <a name="CHAP. II"></a></p> + +<center> +<h3>C H A P. I I.<br> +<br> + Of the State of Nature.</h3> +</center> + +<p><a name="Sect. 4."></a>Sect. 4. TO understand political power +right, and derive it from its original, we must consider, what +state all men are naturally in, and that is, a <em>state of +perfect freedom</em> to order their actions, and dispose of their +possessions and persons, as they think fit, within the bounds of +the law of nature, without asking leave, or depending upon the +will of any other man.<br> + A <em>state</em> also of <em>equality</em> wherin all the +power and jurisdiction is reciprocal, no one having more than +another; there being nothing more evident, than that the +creatures of the same species and rank, promiscuously born to all +the same advantages of nature, and the use of the same faculties, +should also be equal one amongst another without subordination or +subjection, unless the lord and master of them all should, by any +manifest declaration of his will, set one above another, and +confer on him, by an evident and clear appointment, an undoubted +right to dominion and sovereignty.</p> + + +<p><a name="Sect. 5."></a>Sect. 5. This <em>equality</em> of men +by nature, the judicious Hooker looks upon as so evident in +itself, and beyond all question, that he makes it the foundation +of that obligation to mutual love amongst men, on which he builds +the duties they owe one another, and from whence he derives the +great maxims of justice and charity. His words are,</p> + +<blockquote><em>The like natural inducement hath +brought men to know that it is no less their duty, to love others +than themselves; for seeing those things which are equal, must +needs all have one measure; if I cannot but wish to receive good, +even as much at every man's hands, as any man can wish unto his +own soul, how should I look to have any part of my desire herein +satisfied, unless myself be careful to satisfy the like desire, +which is undoubtedly in other men, being of one and the same +nature? To have any thing offered them repugnant to this desire, +must needs in all respects grieve them as much as me; so that if +I do harm, I must look to suffer, there being no reason that +others should shew greater measure of love to me, than they have +by me shewed unto them: my desire therefore to be loved of my +equals in nature as much as possible may be, imposeth upon me a +natural duty of bearing to them-ward fully the like affection; +from which relation of equality between ourselves and them that +are as ourselves, what several rules and canons natural reason +hath drawn, for direction of life, no man is ignorant .</em>Eccl. +Pol. Lib. 1.</blockquote> + +<br> +<br> + + +<p><a name="Sect. 6."></a>Sect. 6. But though this be a <em>state +of liberty,</em> yet it is <em>not a state of licence:</em> +though man in that state have an uncontroulable liberty to +dispose of his person or possessions, yet he has not liberty to +destroy himself, or so much as any creature in his possession, +but where some nobler use than its bare preservation calls for +it. The <em>state of nature</em> has a law of nature to govern +it, which obliges every one: and reason, which is that law, +teaches all mankind, who will but consult it, that being all +<em>equal and independent,</em> no one ought to harm another in +his life, health, liberty, or possessions: for men being all the +workmanship of one omnipotent, and infinitely wise maker; all the +servants of one sovereign master, sent into the world by his +order, and about his business; they are his property, whose +workmanship they are, made to last during his, not one another's +pleasure: and being furnished with like faculties, sharing all in +one community of nature, there cannot be supposed any such +<em>subordination</em> amongus, that may authorize us to destroy +one another, as if we were made for one another's uses, as the +inferior ranks of creatures are for our's. Every one, as he is +<em>bound to preserve himself,</em> and not to quit his station +wilfully, so by the like reason, when his own preservation comes +not in competition, ought he, as much as he can, <em>to preserve +the rest of mankind,</em> and may not, unless it be to do justice +on an offender, take away, or impair the life, or what tends to +the preservation of the life, the liberty, health, limb, or goods +of another.</p> + +<p><a name="Sect. 7."></a>Sect. 7. And that all men may be +restrained from invading others rights, and from doing hurt to +one another, and the law of nature be observed, which willeth the +peace and <em>preservation of all mankind,</em> the +<em>execution</em> of the law of nature is, in that state, put +into every man's hands, whereby every one has a right to punish +the transgressors of that law to such a degree, as may hinder its +violation: for the <em>law of nature</em> would, as all other +laws that concern men in this world 'be in vain, if there were no +body that in the state of nature had a <em>power to execute</em> +that law, and thereby preserve the innocent and restrain +offenders. And if any one in the state of nature may punish +another for any evil he has done, every one may do so: for in +that <em>state of perfect equality,</em> where naturally there is +no superiority or jurisdiction of one over another, what any may +do in prosecution of that law, every one must needs have a right +to do.</p> + +<p><a name="Sect. 8."></a>Sect. 8. And thus, in the state of +nature, <em>one man comes by a power over another;</em> but yet +no absolute or arbitrary power, to use a criminal, when he has +got him in his hands, according to the passionate heats, or +boundless extravagancy of his own will; but only to retribute to +him, so far as calm reason and conscience dictate, what is +proportionate to his transgression, which is so much as may serve +for <em>reparation</em> and <em>restraint:</em> for these two are +the only reasons, why one man may lawfully do harm to another, +which is that we call <em>punishment.</em> In transgressing the +law of nature, the offender declares himself to live by another +rule than that of reason and common equity, which is that measure +God has set to the actions of men, for their mutual security; and +so he becomes dangerous to mankind, the tye, which is to secure +them from injury and violence, being slighted and broken by him. +Which being a trespass against the whole species, and the peace +and safety of it, provided for by the law of nature, every man +upon this score, by the right he hath to preserve mankind in +general, may restrain, or where it is necessary, destroy things +noxious to them, and so may bring such evil on any one, who hath +transgressed that law, as may make him repent the doing of it, +and thereby deter him, and by his example others, from doing the +like mischief. And in the case, and upon this ground, <em>every +man hath a right to punish the offender, and be executioner of +the law of nature.</em></p> + +<p><a name="Sect. 9."></a>Sect. 9. 1 doubt not but this will seem +a very strange doctrine to some men: but before they condemn it, +I desire them to resolve me, by what right any prince or state +can put to death, or <em>punish an alien,</em> for any crime he +commits in their country. It is certain their laws, by virtue of +any sanction they receive from the promulgated will of the +legislative, reach not a stranger: they speak not to him, nor, if +they did, is he bound to hearken to them. The legislative +authority, by which they are in force over the subjects of that +commonwealth, hath no power over him. Those who have the supreme +power of making laws in <em>England, France</em> or +<em>Holland,</em> are to an <em>Indian,</em> but like the rest of +the world, men without authority: and therefore, if by the law of +nature every man hath not a power to punish offences against it, +as he soberly judges the case to require, I see not how the +magistrates of any community can punish an alien of another +country; since, in reference to him, they can have no more power +than what every man naturally may have over another.</p> + +<p><a name="Sect. 10."></a>Sect, 10. Besides the crime which +consists in violating the law, and varying from the right rule of +reason, whereby a man so far becomes degenerate, and declares +himself to quit the principles of human nature, and to be a +noxious creature, there is commonly <em>injury</em> done to some +person or other, and some other man receives damage by his +transgression: in which case he who hath received any damage, +has, besides the right of punishment common to him with other +men, a particular right to seek <em>reparation</em> from him that +has done it: and any other person, who finds it just, may also +join with him that is injured, and assist him in recovering from +the offender so much as may make satisfaction for the harm he has +suffered.</p> + +<p><a name="Sect. 11."></a>Sect. 11. From these <em>two distinct +rights,</em> the one of <em>punishing</em> the crime <em>for +restraint,</em> and preventing the like offence, which right of +punishing is in every body; the other of taking +<em>reparation,</em> which belongs only to the injured party, +comes it to pass that the magistrate, who by being magistrate +hath the common right of punishing put into his hands, can often, +where the public good demands not the execution of the law, +<em>remit</em> the punishment of criminal offences by his own +authority, but yet cannot <em>remit</em> the satisfaction due to +any private man for the damage he has received. That, he who has +suffered the damage has a right to demand in his own name, and he +alone can remit: the damnified person has this power of +appropriating to himself the goods or service of the offender, +<em>by right of self-preservation,</em> as every man has a power +to punish the crime, to prevent its being committed again, <em>by +the right he has of preserving all mankind,</em> and doing all +reasonable things he can in order to that end: and thus it is, +that every man, in the state of nature, has a power to kill a +murderer, both <em>to deter</em> others from doing the like +injury, which no reparation can compensate, by the example of the +punishment that attends it from every body, and also to secure +men from the attempts of a criminal, who having renounced reason, +the common rule and measure God hath given to mankind, hath, by +the unjust violence and slaughter he hath committed upon one, +declared war against all mankind, and therefore may be destroyed +as a <em>lion</em> or a <em>tyger,</em> one of those wild savage +beasts, with whom men can have no society nor security: and upon +this is grounded that great law of nature, <em>Whoso sheddeth +man's blood, by man shall his blood be shed.</em> And +<em>Cain</em> was so fully convinced, that every one had a right +to destroy such a criminal, that after the murder of his brother, +he cries out, <em>Every one that findeth me, shall slay me;</em> +so plain was it writ in the hearts of all mankind.</p> + +<p><a name="Sect. 12."></a>Sect. 12. By the same reason may a man +in the state of nature <em>punish the lesser breaches</em> of +that law. It will perhaps be demanded, with death? I answer, each +transgression may be <em>punished</em> to that <em>degree,</em> +and with so much <em>severity,</em> as will suffice to make it an +ill bargain to the offender, give him cause to repent, and +terrify others from doing the like. Every offence, that can be +committed in the state of nature, may in the state of nature be +also punished equally, and as far forth as it may, in a +commonwealth: for though it would be besides my present purpose, +to enter here into the particulars of the law of nature, or its +<em>measures of punishment;</em> yet, it is certain there is such +a law, and that too, as intelligible and plain to a rational +creature, and a studier of that law, as the positive laws of +commonwealths; nay, possibly plainer; as much as reason is easier +to be understood, than the fancies and intricate contrivances of +men, following contrary and hidden interests put into words; for +so truly are a great part of the <em>municipal laws</em> of +countries, which are only so far right, as they are founded on +the law of nature, by which they are to be regulated and +interpreted.</p> + +<p><a name="Sect. 13."></a>Sect. 13. To this strange doctrine, +viz. That <em>in the state of nature every one has the executive +power</em> of the law of nature, I doubt not but it will be +objected, that it is unreasonable for men to be judges in their +own cases, that self-love will make men partial to themselves and +their friends: and on the other side, that ill nature, passion +and revenge will carry them too far in punishing others; and +hence nothing but confusion and disorder will follow, and that +therefore God hath certainly appointed government to restrain the +partiality and violence of men. I easily grant, that <em>civil +government</em> is the proper remedy for the inconveniencies of +the state of nature, which must certainly be great, where men may +be judges in their own case, since it is easy to be imagined, +that he who was so unjust as to do his brother an injury, will +scarce be so just as to condemn himself for it: but I shall +desire those who make this objection, to remember, that +<em>absolute monarchs</em> are but men; and if government is to +be the remedy of those evils, which necessarily follow from men's +being judges in their own cases, and the state of nature is +therefore not to how much better it is than the state of nature, +where one man, commanding a multitude, has the liberty to be +judge in his own case, and may do to all his subjects whatever he +pleases, without the least liberty to any one to question or +controul those who execute his pleasure? and in whatsoever he +doth, whether led by reason, mistake or passion, must be +submitted to? much better it is in the state of nature, wherein +men are not bound to submit to the unjust will of another: and if +he that judges, judges amiss in his own, or any other case, he is +answerable for it to the rest of mankind.</p> + +<p><a name="Sect. 14."></a>Sect. 14. It is often asked as a +mighty objection, <em>where are,</em> or ever were there any +<em>men in such a state of nature?</em> To which it may suffice +as an answer at present, that since all princes and rulers of +<em>independent</em> governments all through the world, are in a +state of nature, it is plain the world never was, nor ever will +be, without numbers of men in that state. I have named all +governors of <em>independent communities,</em> whether they are, +or are not, in league with others: for it is not every compact +that puts an end to the state of nature between men, but only +this one of agreeing together mutually to enter into one +community, and make one body politic; other promises, and +compacts, men may make one with another, and yet still be in the +state of nature. The promises and bargains for truck, &c; +between the two men in the desert island, mentioned by +<em>Garcilasso de la Vega,</em> in his history of <em>Peru;</em> +or between a <em>Swiss</em> and an <em>Indian,</em> in the woods +of <em>America,</em> are binding to them, though they are +perfectly in a state of nature, in reference to one another: for +truth and keeping of faith belongs to men, as men, and not as +members of society.</p> + +<p><a name="Sect. 15."></a>Sect. 15. To those that say, there +were never any men in the state of nature, I will not only oppose +the authority of the judicious <em>Hooker, Eccl. Pol. lib. i. +sect.</em> 10, where he says, <em>The laws which have been +hitherto mentioned, i.e. the laws of nature, do bind men +absolutely, even as they are men, although they have never any +settled fellowship, never any solemn agreement amongst themselves +what to do, or not to do: but forasmuch as we are not by +ourselves sufficient to furnish ourselves with competent store of +things, needful for such a life as our nature doth desire, a life +fit for the dignity of man; therefore to supply those defects and +imperfections which are in us, as living single and solely by +ourselves, we are naturally induced to seek communion and +fellowship with others: this was the cause of men's uniting +themselves at first in politic societies.</em> But I moreover +affirm, that all men are naturally in that state, and remain so, +till by their own consents they make themselves members of some +politic society; and I doubt not in the sequel of this discourse, +to make it very clear.</p> + +<hr> +<a name="CHAP. III."></a><br> +<br> + + +<h3 align="CENTER">C H A P. I I I.<br> +<br> + Of the State of War.</h3> + +<p><a name="Sect. 16."></a>Sect. 16. THE <em>state of war</em> is +a state of <em>enmity</em> and <em>destruction:</em> and +therefore declaring by word or action, not a passionate and +hasty, but a sedate settled design upon another man's life, +<em>puts him in a state of war</em> with him against whom he has +declared such an intention, and so has exposed his life to the +other's power to be taken away by him, or any one that joins with +him in his defence, and espouses his quarrel; it being reasonable +and just, I should have a right to destroy that which threatens +me with destruction: for, <em>by the fundamental law of nature, +man being to be preserved</em> as much as possible, when all +cannot be preserved, the safety of the innocent is to be +preferred: and one may destroy a man who makes war upon him, or +has discovered an enmity to his being, for the same reason that +he may kill a <em>wolf</em> or a <em>lion;</em> because such men +are not under the ties of the commonlaw of reason, have no other +rule, but that of force and violence, and so may be treated as +beasts of prey, those dangerous and noxious creatures, that will +be sure to destroy him whenever he falls into their power.</p> + +<p><a name="Sect. 17."></a>Sect, 17. And hence it is, that he who +attempts to get another man into his absolute power, does thereby +<em>put himself into a state of war</em> with him; it being to be +understood as a declaration of a design upon his life: for I have +reason to conclude, that he who would get me into his power +without my consent, would use me as he pleased when he had got me +there, and destroy me too when he had a fancy to it; for no body +can desire to <em>have me in his absolute power,</em> unless it +be to compel me by force to that which is against the right of my +freedom, i.e. make me a slave. To be free from such force is the +only security of my preservation; and reason bids me look on him, +as an enemy to my preservation, who would take away that +<em>freedom</em> which is the fence to it; so that he who makes +an <em>attempt to enslave</em> me, thereby puts himself into a +state of war with me. He that, in the state of nature, <em>would +take away the freedom</em> that belongs to any one in that state, +must necessarily be supposed to have a design to take away +everything else, that <em>freedom</em> being the foundation of +all the rest; as he that, in the state of society, would take +away the <em>freedom</em> belonging to those of that society or +commonwealth, must be supposed to design to take away from them +every thing else, and so be looked on as <em>in a state of +war.</em></p> + +<p><a name="Sect. 18."></a>Sect. 18. This makes it lawful for a +man to <em>kill a thief,</em> who has not in the least hurt him, +nor declared any design upon his life, any farther than, by the +use of force, so to get him in his power, as to take away his +money, or what he pleases, from him; because using force, where +he has no right, to get me into his power, let his pretence be +what it will, I have no reason to suppose, that he, who would +<em>take away my liberty,</em> would not, when he had me in his +power, take away every thing else. And therefore it is lawful for +me to treat him as one who <em>has put himself into a state of +war</em> with me, i.e. kill him if I can; for to that hazard does +he justly expose himself, whoever introduces a state of war, and +is aggressor in it.</p> + +<p><a name="Sect. 19."></a>Sect. 19. And here we have the plain +<em>difference between the state of nature and the state of +war,</em> which however some men have confounded, are as far +distant, as a state of peace, good will, mutual assistance and +preservation, and a state of enmity, malice, violence and mutual +destruction, are one from another. Men living together according +to reason, without a common superior on earth, with authority to +judge between them, is <em>properly the state of nature.</em> But +force, or a declared design of force, upon the person of another, +where there is no common superior on earth to appeal to for +relief, <em>is the state of war:</em> and it is the want of such +an appeal gives a man the right of war even against an +<em>aggressor,</em> tho' he be in society and a fellow subject. +Thus <em>a thief,</em> whom I cannot harm, but by appeal to the +law, for having stolen all that I am worth, I may kill, when he +sets on me to rob me but of my horse or coat; because the law, +which was made for my preservation, where it cannot interpose to +secure my life from present force, which, if lost, is capable of +no reparation, permits me my own defence, and the right of war, a +liberty to kill the aggressor, because the aggressor allows not +time to appeal to our common judge, nor the decision of the law, +for remedy in a case where the mischief may be irreparable. Want +of a common judge with authority, puts all men in a state of +nature: force without right, upon a man's person, makes a state +of war, both where there is, and is not, a common judge.</p> + +<p><a name="Sect. 20."></a>Sect. 20. But when the actual force is +over, the <em>state of war ceases</em> between those that are in +society, and are equally on both sides subjected to the fair +determination of the law; because then there lies open the remedy +of appeal for the past injury, and to prevent future harm: but +where no such appeal is, as in the state of nature, for want of +positive laws, and judges with authority to appeal to, the state +of war once begun, continues, with a right to the innocent party +to destroy the other whenever he can, until the aggressor offers +peace, and desires reconciliation on such terms as may repair any +wrongs he has already done, and secure the innocent for the +future; nay, where an appeal to the law, and constituted judges, +lies open, but the remedy is denied by a manifest perverting of +justice, and a barefaced wresting of the laws to protect or +indemnify the violence or injuries of some men, or party of men, +<em>there</em> it is hard to imagine any thing but <em>a state of +war:</em> for wherever violence is used, and injury done, though +by hands appointed to administer justice, it is still violence +and injury, however coloured with the name, pretences, or forms +of law, the end whereof being to protect and redress the +innocent, by an unbiassed application of it, to all who are under +it; wherever that is not <em>bona fide</em> done, <em>war is +made</em> upon the sufferers, who having no appeal on earth to +right them, they are left to the only remedy in such cases, an +appeal to heaven.</p> + +<p><a name="Sect. 21."></a>Sect. 21. To avoid this <em>state of +war</em> (wherein there is no appeal but to heaven, and wherein +every the least difference is apt to end, where there is no +authority to decide between the contenders) is one great reason +of men's putting themselves into society, and quitting the state +of nature: for where there is an authority, a power on earth, +from which relief can be had by <em>appeal,</em> there the +continuance of the <em>state of war</em> is excluded, and the +controversy is decided by that power. Had there been any such +court, any superior jurisdiction on earth, to determine the right +between <em>Jephtha</em> and the <em>Ammonites,</em> they had +never come to a <em>state of war:</em> but we see he was forced +to appeal to heaven. <em>The Lord the Judge</em> (says he) <em>be +judge this day between the children of</em> Israel <em>and the +children of</em> Ammon, <em>Judg. xi.</em> 27. and then +prosecuting, and relying on his appeal, he leads out his army to +battle: and therefore in such controversies, where the question +is put, <em>who shall be judge?</em> It cannot be meant, who +shall decide the controversy; every one knows what +<em>Jephtha</em> here tells us, that the <em>Lord the Judge</em> +shall judge. Where there is no judge on earth, the appeal lies to +God in heaven. That question then cannot mean, who shall judge, +whether another hath put himself in a <em>state of war</em> with +me, and whether I may, as <em>Jephtha</em> did, <em>appeal to +heaven</em> in it? of that I myself can only be judge in my own +conscience, as I will answer it, at the great day, to the supreme +judge of all men.</p> + +<hr> +<a name="CHAP. IV."></a> +<h3 align="CENTER">CHAP. IV.<br> +<br> +Of SLAVERY.</h3> + +<br> +<br> + + +<p><a name="Sect. 22."></a>Sect. 22. THE <em>natural liberty</em> +of man is to be free from any superior power on earth, and not to +be under the will or legislative authority of man, but to have +only the law of nature for his rule. The liberty of man, in +society, is to be under no other legislative power, but that +established, by consent, in the commonwealth; nor under the +dominion of any will, or restraint of any law, but what that +legislative shall enact, according to the trust put in it. +Freedom then is not what <em>Sir Robert Filmer</em> tells us, +<em>Observations, A. 55. a liberty for every one to do what he +lists, to live as he pleases, and not to be tied by any +laws:</em> but <em>freedom of men under government</em> is, to +have a standing rule to live by, common to every one of that +society, and made by the legislative power erected in it; a +liberty to follow my own will in all things, where the rule +prescribes not; and not to be subject to the inconstant, +uncertain, unknown, arbitrary will of another man: as <em>freedom +of nature</em> is, to be under no other restraint but the law of +nature.</p> + +<p><a name="Sect. 23."></a>Sect. 23. This <em>freedom</em> from +absolute, arbitrary power, is so necessary to, and closely joined +with a man's preservation, that he cannot part with it, but by +what forfeits his preservation and life together: for a man, not +having the power of his own life, <em>cannot,</em> by compact, or +his own consent, <em>enslave himself</em> to any one, nor put +himself under the absolute, arbitrary power of another, to take +away his life, when he pleases. No body can give more power than +he has himself; and he that cannot take away his own life, cannot +give another power over it. Indeed, having by his fault forfeited +his own life, by some act that deserves death; he, to whom he has +forfeited it, may (when he has him in his power) delay to take +it, and make use of him to his own service, and he does him no +injury by it: for, whenever he finds the hardship of his slavery +outweigh the value of his life, it is in his power, by resisting +the will of his master, to draw on himself the death he +desires.</p> + +<p><a name="Sect. 24."></a>Sect. 24. This is the perfect +condition of <em>slavery,</em> which is nothing else, but <em>the +state of war continued,between a lawful conqueror and a +captive:</em> for, if once <em>compact</em> enter between them, +and make an agreement for a limited power on the one side, and +obedience on the other, the <em>state of war and slavery +ceases</em>, as long as the compact endures: for, as has been +said, no man can, by agreement, pass over to another that which +he hath not in himself, a power over his own life.<br> + I confess, we find among the <em>Jews,</em> as well as +other nations, that men did sell themselves; but, it is plain, +this was only to <em>drudgery, not to slavery:</em> for, it is +evident, the person sold was not under an absolute, arbitrary, +despotical power: for the master could not have power to kill +him, at any time, whom, at a certain time, he was obliged to let +go free out of his service; and the master of such a servant was +so far from having an arbitrary power over his life, that he +could not, at pleasure, so much as maim him, but the loss of an +eye, or tooth, set him free, <em>Exod.</em> xxi.</p> + +<hr> +<a name="CHAP.V."></a><br> +<br> +<h3 align="CENTER">CHAP. V.<br> +<br> +Of PROPERTY.</h3> + +<p><a name="Sect. 25."></a>Sect. 25. Whether we consider natural +<em>reason,</em> which tells us, that men, being once born, have +a right to their preservation, and consequently to meat and +drink, and such other things as nature affords for their +subsistence: or <em>revelation,</em> which gives us an account of +those grants God made of the world to <em>Adam,</em> and to +<em>Noah,</em> and his sons, it is very clear, that God, as king +<em>David</em> says, <em>Psal.</em> cxv. 16. <em>has given the +earth to the children of men;</em> given it to mankind in common. +But this being supposed, it seems to some a very great +difficulty, how any one should ever come to have a +<em>property</em> in any thing: I will not content myself to +answer, that if it be difficult to make out <em>property,</em> +upon a supposition that God gave the world to <em>Adam,</em> and +his posterity in common, it is impossible that any man, but one +universal monarch, should have any property upon a supposition, +that God gave the world to Adam, and his heirs in succession, +exclusive of all the rest of his posterity. But I shall endeavour +to shew, how men might come to have a <em>property</em> in +several parts of that which God gave to mankind in common, and +that without any express compact of all the commoners.</p> + +<p><a name="Sect. 26."></a>Sect. 26. God, who hath given the +world to men in common, hath also given them reason to make use +of it to the best advantage of life, and convenience. The earth, +and all that is therein, is given to men for the support and +comfort of their being. And tho' all the fruits it naturally +produces, and beasts it feeds, belong to mankind in common, as +they are produced by the spontaneous hand of nature; and no body +has originally a private dominion, exclusive of the rest of +mankind, in any of them, as they are thus in their natural state: +yet being given for the use of men, there must of necessity be +<em>a means to appropriate</em> them some way or other, before +they can be of any use, or at all beneficial to any particular +man. The fruit, or venison, which nourishes the <em>wild +Indian,</em> who knows no enclosure, and is still a tenant in +common, must be his, and so 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 support of his life.</p> + +<p><a name="Sect. 27."></a>Sect. 27. Though the earth, and all +inferior creatures, be common to all men, yet every man has a +<em>property</em> in his own <em>person:</em> this no body has +any right to but himself. The <em>labour</em> of his body, and +the <em>work</em> of his hands, we may say, are properly his. +Whatsoever then he removes out of the state that nature hath +provided, and left it in, he hath mixed his <em>labour</em> with, +and joined to it something that is his own, and thereby makes it +his <em>property.</em> It being by him removed from the common +state nature hath placed it in, it hath by this <em>labour</em> +something annexed to it, that excludes the common right of other +men: for this <em>labour</em> being the unquestionable property +of the labourer, no man but he can have a right to what that is +once joined to, at least where there is enough, and as good, left +in common for others.</p> + +<p><a name="Sect. 28."></a>Sect. 28. He that is nourished by the +acorns he picked up under an oak, or the apples he gathered from +the trees in the wood, has certainly appropriated them to +himself. No body can deny but the nourishment is his. I ask then, +when did they begin to be his? when he digested? or when he eat? +or when he boiled? or when he brought them home? or when he +picked them up? and it is plain, if the first gathering made them +not his, nothing else could. That <em>labour</em> put a +distinction between them and common: that added something to them +more than nature, the common mother of all, had done; and so they +became his private right. And will any one say, he had no right +to those acorns or apples, he thus appropriated, because he had +not the consent of all mankind to make them his? Was it a robbery +thus to assume to himself what belonged to all in common? If such +a consent as that was necessary, man had starved, notwithstanding +the plenty God had given him. We see in <em>commons,</em> which +remain so by compact, that it is the taking any part of what is +common, and removing it out of the state nature leaves it in, +which <em>begins the property;</em> without which the common is +of no use. And the taking of this or that part, does not depend +on the express consent of all the commoners. Thus the grass my +horse has bit; the turfs my servant has cut; and the ore I have +digged in any place, where I have a right to them in common with +others, become my <em>property,</em> without the assignation or +consent of any body. The <em>labour</em> that was mine, removing +them out of that common state they were in, hath <em>fixed my +property</em> in them.</p> + +<p><a name="Sect. 29."></a>Sect. 29. By making an explicit +consent of every commoner, necessary to any one's appropriating +to himself any part of what is given in common, children or +servants could not cut the meat, which their father or master had +provided for them in common, without assigning to every one his +peculiar part. Though the water running in the fountain be every +one's, yet who can doubt, but that in the pitcher is his only who +drew it out? His <em>labour</em> hath taken it out of the hands +of nature, where it was common, and belonged equally to all her +children, and <em>hath</em> thereby <em>appropriated</em> it to +himself.</p> + +<p><a name="Sect. 30."></a>Sect. 30. Thus this law of reason +makes the deer that <em>Indian's</em> who hath killed it; it is +allowed to be his goods, who hath bestowed his labour upon it, +though before it was the common right of every one. And amongst +those who are counted the civilized part of mankind, who have +made and multiplied positive laws to determine <em>property,</em> +this original law of nature, for the <em>beginning of +property,</em> in what was before common, still takes place; and +by virtue thereof, what fish any one catches in the ocean, that +great and still remaining common of mankind; or what ambergrise +any one takes up here, is by the <em>labour</em> that removes it +out of that common state nature left it in, <em>made</em> his +<em>property,</em> who takes that pains about it. And even +amongst us, the hare that any one is hunting, is thought his who +pursues her during the chase: for being a beast that is still +looked upon as common, and no man's private possession; whoever +has employed so much <em>labour</em> about any of that kind, as +to find and pursue her, has thereby removed her from the state of +nature, wherein she was common, and hath <em>begun a +property.</em></p> + +<p><a name="Sect. 31."></a>Sect. 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 +<em>ingross</em> as much as he will. To which I answer, Not so. +The same law of nature, that does by this means give us property, +does also <em>bound</em> that <em>property</em> too. <em>God has +given us all things richly,</em> 1 Tim. vi. 12. is the voice of +reason confirmed by inspiration. But how far has he given it us? +<em>To enjoy.</em> As much as any one can make use of to any +advantage of life before it spoils, so much he may by his labour +fix a property in: whatever is beyond this, is more than his +share, and belongs to others. Nothing was made by God for man to +spoil or destroy. And thus, considering the plenty of natural +provisions there was a long time in the world, and the few +spenders; and to how small a part of that provision the industry +of one man could extend itself, and ingross it to the prejudice +of others; especially keeping within the <em>bounds,</em> set by +reason, of what might serve for his <em>use;</em> there could be +then little room for quarrels or contentions about property so +established.</p> + +<p><a name="Sect. 32."></a>Sect. 32. But the <em>chief matter of +property</em> being now not the fruits of the earth, and the +beasts that subsist on it, but <em>the earth itself;</em> as that +which takes in and carries with it all the rest; I think it is +plain, that <em>property</em> in that too is acquired as the +former. As <em>much land</em> as a man tills, plants, improves, +cultivates, and can use the product of, so much is his +<em>property.</em> He by his labour does, as it were, inclose it +from the common. Nor will it invalidate his right, to say every +body else has an equal title to it; and therefore he cannot +appropriate, he cannot inclose, without the consent of all his +fellow-commoners, all mankind. God, when he gave the world in +common to all mankind, commanded man also to labour, and the +penury of his condition required it of him. God and his reason +commanded him to subdue the earth, i.e. improve it for the +benefit of life, and therein lay out something upon it that was +his own, his labour. He that in obedience to this command of God, +subdued, tilled and sowed any part of it, thereby annexed to it +something that was his <em>property,</em> which another had no +title to, nor could without injury take from him.</p> + +<p><a name="Sect. 33."></a>Sect. 33. Nor was this +<em>appropriation</em> of any parcel of land, by improving it, +any prejudice to any other man, since there was still enough, and +as good left; and more than the yet unprovided could use. So +that, in effect, there was never the less left for others because +of his enclosure for himself: for he that leaves as much as +another can make use of, does as good as take nothing at all. No +body could think himself injured by the drinking of another man, +though he took a good draught, who had a whole river of the same +water left him to quench his thirst: and the case of land and +water, where there is enough of both, is perfectly the same.</p> + +<p><a name="Sect. 34."></a>Sect. 34. God gave the world to men in +common; but since he gave it them for their benefit, and the +greatest conveniencies of life they were capable to draw from it, +it cannot be supposed he meant it should always remain common and +uncultivated. He gave it to the use of the industrious and +rational, (and <em>labour</em> was to be his <em>title</em> to +it;) not to the fancy or covetousness of the quarrelsome and +contentious. He that had as good left for his improvement, as was +already taken up, needed not complain, ought not to meddle with +what was already improved by another's labour: if he did, it is +plain he desired the benefit of another's pains, which he had no +right to, and not the ground which God had given him in common +with others to labour on, and whereof there was as good left, as +that already possessed, and more than he knew what to do with, or +his industry could reach to.</p> + +<p><a name="Sect. 35."></a>Sect. 35. It is true, in <em>land</em> +that is common in <em>England,</em> or any other country, where +there is plenty of people under government, who have money and +commerce, no one can inclose or appropriate any part, without the +consent of all his fellow-commoners; because this is left common +by compact, i.e. by the law of the land, which is not to be +violated. And though it be common, in respect of some men, it is +not so to all mankind; but is the joint property of this country, +or this parish. Besides, the remainder, after such enclosure, +would not be as good to the rest of the commoners, as the whole +was when they could all make use of the whole; whereas in the +beginning and first peopling of the great common of the world, it +was quite otherwise. The law man was under, was rather for +appropriating. God commanded, and his wants forced him to +<em>labour.</em> That was his <em>property</em> which could not +be taken from him where-ever he had fixed it. And hence subduing +or cultivating the earth, and having dominion, we see are joined +together. The one gave title to the other. So that God, by +commanding to subdue, gave authority so far to +<em>appropriate:</em> and the condition of human life, which +requires labour and materials to work on, necessarily introduces +private possessions.</p> + +<p><a name="Sect. 36."></a>Sect. 36. The <em>measure of +property</em> nature has well set by the extent of men's +<em>labour</em> and the <em>conveniencies of life:</em> no man's +labour could subdue, or appropriate all; nor could his enjoyment +consume more than a small part; so that it was impossible for any +man, this way, to intrench upon the right of another, or acquire +to himself a property, to the prejudice of his neighbour, who +would still have room for as good, and as large a possession +(after the other had taken out his) as before it was +appropriated. This <em>measure</em> did confine every man's +<em>possession</em> to a very moderate proportion, and such as he +might appropriate to himself, without injury to any body, in the +first ages of the world, when men were more in danger to be lost, +by wandering from their company, in the then vast wilderness of +the earth, than to be straitened for want of room to plant in. +And the same <em>measure</em> may be allowed still without +prejudice to any body, as full as the world seems: for supposing +a man, or family, in the state they were at first peopling of the +world by the children of <em>Adam,</em> or <em>Noah;</em> let him +plant in some inland, vacant places of <em>America,</em> we shall +find that the <em>possessions</em> he could make himself, upon +the <em>measures</em> we have given, would not be very large, +nor, even to this day, prejudice the rest of mankind, or give +them reason to complain, or think themselves injured by this +man's incroachment, though the race of men have now spread +themselves to all the corners of the world, and do infinitely +exceed the small number was at the beginning. Nay, the extent of +<em>ground</em> is of so little value, <em>without labour,</em> +that I have heard it affirmed, that in <em>Spain</em> itself a +man may be permitted to plough, sow and reap, without being +disturbed, upon land he has no other title to, but only his +making use of it. But, on the contrary, the inhabitants think +themselves beholden to him, who, by his industry on neglected, +and consequently waste land, has increased the stock of corn, +which they wanted. But be this as it will, which I lay no stress +on; this I dare boldly affirm, that the same <em>rule of +propriety, (viz.)</em> that every man should have as much as he +could make use of, would hold still in the world, without +straitening any body; since there is land enough in the world to +suffice double the inhabitants, had not the invention of money, +and the tacit agreement of men to put a value on it, introduced +(by consent) larger possessions, and a right to them; which, how +it has done, I shall by and by shew more at large.</p> + +<p><a name="Sect. 37."></a>Sect. 37. This is certain, that in the +beginning, before the desire of having more than man needed had +altered the intrinsic value of things, which depends only on +their usefulness to the life of man; or had <em>agreed, that a +little piece of yellow metal,</em> which would keep without +wasting or decay, should be worth a great piece of flesh, or a +whole heap of corn; though men had a right to appropriate, by +their labour, each one of himself, as much of the things of +nature, as he could use: yet this could not be much, nor to the +prejudice of others, where the same plenty was still left to +those who would use the same industry. To which let me add, that +he who appropriates land to himself by his labour, does not +lessen, but increase the common stock of mankind: for the +provisions serving to the support of human life, produced by one +acre of inclosed and cultivated land, are (to speak much within +compass) ten times more than those which are yielded by an acre +of land of an equal richness lying waste in common. And therefore +he that incloses land, and has a greater plenty of the +conveniencies of life from ten acres, than he could have from an +hundred left to nature, may truly be said to give ninety acres to +mankind: for his labour now supplies him with provisions out of +ten acres, which were but the product of an hundred lying in +common. I have here rated the improved land very low, in making +its product but as ten to one, when it is much nearer an hundred +to one: for I ask, whether in the wild woods and uncultivated +waste of <em>America,</em> left to nature, without any +improvement, tillage or husbandry, a thousand acres yield the +needy and wretched inhabitants as many conveniencies of life, as +ten acres of equally fertile land do in <em>Devonshire,</em> +where they are well cultivated?<br> + Before the appropriation of land, he who gathered as +much of the wild fruit, killed, caught, or tamed, as many of the +beasts, as he could; he that so imployed his pains about any of +the spontaneous products of nature, as any way to alter them from +the state which nature put them in, <em>by</em> placing any of +his <em>labour</em> on them, did thereby <em>acquire a propriety +in them:</em> but if they perished, in his possession, without +their due use; if the fruits rotted, or the venison putrified, +before he could spend it, he offended against the common law of +nature, and was liable to be punished; he invaded his neighbour's +share, for he had <em>no right, farther than his use</em> called +for any of them, and they might serve to afford him conveniencies +of life.</p> + +<p><a name="Sect. 38."></a>Sect. 38. The same <em>measures</em> +governed the <em>possession of land</em> too: whatsoever he +tilled and reaped, laid up and made use of, before it spoiled, +that was his peculiar right; whatsoever he enclosed, and could +feed, and make use of, the cattle and product was also his. But +if either the grass of his enclosure rotted on the ground, or the +fruit of his planting perished without gathering, and laying up, +this part of the earth, notwithstanding his enclosure, was still +to be looked on as waste, and might be the possession of any +other. Thus, at the beginning, <em>Cain</em> might take as much +ground as he could till, and make it his own land, and yet leave +enough to <em>Abel's</em> sheep to feed on; a few acres would +serve for both their possessions. But as families increased, and +industry inlarged their stocks, their <em>possessions +inlarged</em> with the need of them; but yet it was commonly +<em>without any fixed property in the ground</em> they made use +of, till they incorporated, settled themselves together, and +built cities; and then, by consent, they came in time, to set out +the <em>bounds of their distinct territories,</em> and agree on +limits between them and their neighbours; and by laws within +themselves, settled the <em>properties</em> of those of the same +society: for we see, that in that part of the world which was +first inhabited, and therefore like to be best peopled, even as +low down as <em>Abraham's</em> time, they wandered with their +flocks, and their herds, which was their substance, freely up and +down; and this <em>Abraham</em> did, in a country where he was a +stranger. Whence it is plain, that at least a great part of the +land <em>lay in common;</em> that the inhabitants valued it not, +nor claimed property in any more than they made use of. But when +there was not room enough in the same place, for their herds to +feed together, they by consent, as <em>Abraham</em> and +<em>Lot</em> did, <em>Gen.</em> xiii. 5. separated</p> + +<p><a name="Sect. 39."></a>Sect. 39. And thus, without supposing +any private dominion, and property in <em>Adam,</em> over all the +world, exclusive of all other men, which can no way be proved, +nor any one's property be made out from it; but supposing the +<em>world</em> given, as it was, to the children of men <em>in +common,</em> we see how <em>labour</em> could make men distinct +titles to several parcels of it, for their private uses; wherein +there could be no doubt of right, no room for quarrel.</p> + +<p><a name="Sect. 40."></a>Sect. 40. Nor is it so strange, as +perhaps before consideration it may appear, that the <em>property +of labour</em> should be able to over-balance the community of +land: for it is <em>labour</em> indeed that puts the +<em>difference of value</em> on every thing; and let any one +consider what the difference is between an acre of land planted +with tobacco or sugar, sown with wheat or barley, and an acre of +the same land lying in common, without any husbandry upon it, and +he will find, that the improvement of <em>labour makes</em> the +far greater part of the value. I think it will be but a very +modest computation to say, that of the <em>products</em> of the +earth useful to the life of man nine tenths are the <em>effects +of labour:</em> nay, if we will rightly estimate things as they +come to our use, and cast up the several expences about them, +what in them is purely owing to <em>nature,</em> and what to +<em>labour,</em> we shall find, that in most of them ninety-nine +hundredths are wholly to be put on the account of +<em>labour.</em></p> + +<p><a name="Sect. 41."></a>Sect. 41. There cannot be a clearer +demonstration of any thing, than several nations of the +<em>Americans</em> are of this, who are rich in land, and poor in +all the comforts of life; whom nature having furnished as +liberally as any other people, with the materials of plenty, +<em>i.e.</em> a fruitful soil, apt to produce in abundance, what +might serve for food, raiment, and delight; yet for <em>want of +improving it by labour,</em> have not one hundredth part of the +conveniencies we enjoy: and a king of a large and fruitful +territory there, feeds, lodges, and is clad worse than a +day-labourer in <em>England.</em></p> + +<p><a name="Sect. 42."></a>Sect. 42. To make this a little +clearer, let us but trace some of the ordinary provisions of +life, through their several progresses, before they come to our +use, and see how much they receive of their <em>value from human +industry.</em> Bread, wine and cloth, are things of daily use, +and great plenty; yet notwithstanding, acorns, water and leaves, +or skins, must be our bread, drink and cloathing, did not +<em>labour</em> furnish us with these more useful commodities: +for whatever <em>bread</em> is more worth than acorns, wine than +water, and cloth or <em>silk,</em> than leaves, skins or moss, +that is wholly <em>owing to labour</em> and <em>industry;</em> +the one of these being the food and raiment which unassisted +nature furnishes us with; the other, provisions which our +industry and pains prepare for us, which how much they exceed the +other in value, when any one hath computed, he will then see how +much <em>labour makes the far greatest part of the value</em> of +things we enjoy in this world: and the ground which produces the +materials, is scarce to be reckoned in, as any, or at most, but a +very small part of it; so little, that even amongst us, land that +is left wholly to nature, that hath no improvement of pasturage, +tillage, or planting, is called, as indeed it is, <em>waste;</em> +and we shall find the benefit of it amount to little more than +nothing.<br> + This shews how much numbers of men are to be preferred +to largeness of dominions; and that the increase of lands, and +the right employing of them, is the great art of government: and +that prince, who shall be so wise and godlike, as by established +laws of liberty to secure protection and encouragement to the +honest industry of mankind, against the oppression of power and +narrowness of party, will quickly be too hard for his neighbours: +but this by the by. To return to the argument in hand,</p> + +<p><a name="Sect. 43."></a>Sect. 43. An acre of land, that bears +here twenty bushels of wheat, and another in <em>America,</em> +which, with the same husbandry, would do the like, are, without +doubt, of the same natural intrinsic value: but yet the benefit +mankind receives from the one in a year, is worth 5l. and from +the other possibly not worth a penny, if all the profit an +<em>Indian</em> received from it were to be valued, and sold +here; at least, I may truly say, not one thousandth. It is +<em>labour</em> then which <em>puts the greatest part of value +upon land,</em> without which it would scarcely be worth any +thing: it is to that we owe the greatest part of all its useful +products; 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 waste, is all the effect of labour: for it is not +barely the plough-man's pains, the reaper's and thresher's toil, +and the baker's sweat, is to be counted into the <em>bread</em> +we eat; the labour of those who broke the oxen, who digged and +wrought the iron and stones, who felled and framed the timber +employed about the plough, mill, oven, or any other utensils, +which are a vast number, requisite to this corn, from its being +feed to be sown to its being made bread, must all be +<em>charged</em> on the account of labour, and received as an +effect of that: nature and the earth furnished only the almost +worthless materials, as in themselves. It would be a strange +<em>catalogue of things, that industry provided and made use of, +about every loaf of bread,</em> before it came to our use, if we +could trace them; iron, wood, leather, bark, timber, stone, +bricks, coals, lime, cloth, dying drugs, pitch, tar, masts, +ropes, and all the materials made use of in the ship, that +brought any of the commodities made use of by any of the workmen, +to any part of the work; all which it would be almost impossible, +at least too long, to reckon up.</p> + +<p><a name="Sect. 44."></a>Sect. 44. From all which it is +evident, that though the things of nature are given in common, +yet man, by being master of himself, and <em>proprietor of his +own person, and the actions or labour of it, had still in himself +the great foundation of property;</em> and that, which made up +the great part of what he applied to the support or comfort of +his being, when invention and arts had improved the conveniencies +of life, was perfectly his own, and did not belong in common to +others.</p> + +<p><a name="Sect. 45."></a>Sect. 45. Thus <em>labour,</em> in the +beginning, <em>gave a right of property,</em> wherever any one +was pleased to employ it upon what was common, which remained a +long while the far greater part, and is yet more than mankind +makes use of. Men, at first, for the most part, contented +themselves with what unassisted nature offered to their +necessities: and though afterwards, in some parts of the world, +(where the increase of people and stock, with the <em>use of +money,</em> had made land scarce, and so of some value) the +several <em>communities</em> settled the bounds of their distinct +territories, and by laws within themselves regulated the +properties of the private men of their society, and so, by +<em>compact</em> and agreement, <em>settled the property</em> +which labour and industry began; and the leagues that have been +made between several states and kingdoms, either expresly or +tacitly disowning all claim and right to the land in the others +possession, have, by common consent, given up their pretences to +their natural common right, which originally they had to those +countries, and so have, by <em>positive agreement, settled a +property</em> amongst themselves, in distinct parts and parcels +of the earth; yet there are still <em>great tracts of ground</em> +to be found, which (the inhabitants thereof not having joined +with the rest of mankind, in the consent of the use of their +common money) <em>lie waste,</em> and are more than the people +who dwell on it do, or can make use of, and so still lie in +common; tho' this can scarce happen amongst that part of mankind +that have consented to the use of money.</p> + +<p><a name="Sect. 46."></a>Sect. 46. The greatest part of +<em>things really useful</em> to the life of man, and such as the +necessity of subsisting made the first commoners of the world +look after, as it cloth the <em>Americans</em> now, <em>are</em> +generally things of <em>short duration;</em> such as, if they are +not consumed by use, will decay and perish of themselves: gold, +silver and diamonds, are things that fancy or agreement hath put +the value on, more than real use, and the necessary support of +life. Now of those good things which nature hath provided in +common, every one had a right (as hath been said) to as much as +he could use, and <em>property</em> in all that he could effect +with his labour; all that his <em>industry</em> could extend to, +to alter from the state nature had put it in, was his. He that +<em>gathered</em> a hundred bushels of acorns or apples, had +thereby a <em>property</em> in them, they were his goods as soon +as gathered. He was only to look, that he used them before they +spoiled, else he took more than his share, and robbed others. And +indeed it was a foolish thing, as well as dishonest, to hoard up +more than he could make use of. If he gave away a part to any +body else, so that it perished not uselesly in his possession, +these he also made use of. And if he also bartered away plums, +that would have rotted in a week, for nuts that would last good +for his eating a whole year, he did no injury; he wasted not the +common stock; destroyed no part of the portion of goods that +belonged to others, so long as nothing perished uselesly in his +hands. Again, if he would give his nuts for a piece of metal, +pleased with its colour; or exchange his sheep for shells, or +wool for a sparkling pebble or a diamond, and keep those by him +all his life he invaded not the right of others, he might heap up +as much of these durable things as he pleased; the <em>exceeding +of the bounds of</em> his <em>just property</em> not lying in the +largeness of his possession, but the perishing of any thing +uselesly in it.</p> + +<p><a name="Sect. 47."></a>Sect. 47. And thus <em>came in the use +of money,</em> some lasting thing that men might keep without +spoiling, and that by mutual consent men would take in exchange +for the truly useful, but perishable supports of life.</p> + +<p><a name="Sect. 48."></a>Sect. 48. And as different degrees of +industry were apt to give men possessions in different +proportions, so this invention of money gave them the opportunity +to continue and enlarge them: for supposing an island, separate +from all possible commerce with the rest of the world, wherein +there were but an hundred families, but there were sheep, horses +and cows, with other useful animals, wholsome fruits, and land +enough for corn for a hundred thousand times as many, but nothing +in the island, either because of its commonness, or +perishableness, fit to supply the place of <em>money;</em> what +reason could any one have there to enlarge his possessions beyond +the use of his family, and a plentiful supply to its +<em>consumption,</em> either in what their own industry produced, +or they could barter for like perishable, useful commodities, +with others? Where there is not some thing, both lasting and +scarce, and so valuable to be hoarded up, there men will not be +apt to enlarge their <em>possessions of land,</em> were it never +so rich, never so free for them to take: for I ask, what would a +man value ten thousand, or an hundred thousand acres of excellent +<em>land,</em> ready cultivated, and well stocked too with +cattle, in the middle of the inland parts of <em>America,</em> +where he had no hopes of commerce with other parts of the world, +to draw <em>money</em> to him by the sale of the product? It +would not be worth the enclosing, and we should see him give up +again to the wild common of nature, whatever was more than would +supply the conveniencies of life to be had there for him and his +family.</p> + +<p><a name="Sect. 49."></a>Sect. 49. Thus in thebeginning all the +world was <em>America,</em> and more so than that is now; for no +such thing as<em>money</em> was any where known. Find out +something that hath the <em>use and value of money</em> amongst +his neighbours, you shall see the same man will begin presently +to enlarge his possessions.</p> + +<p><a name="Sect. 50."></a>Sect. 50. But since gold and silver, +being little useful to the life of man in proportion to food, +raiment, and carriage, has its <em>value</em> only from the +consent of men, whereof <em>labour yet makes,</em> in great part, +<em>the measure,</em> it is plain, that men have agreed to a +disproportionate and unequal <em>possession of the earth,</em> +they having, by a tacit and voluntary consent, found out, a way +how a man may fairly possess more land than he himself can use +the product of, by receiving in exchange for the overplus gold +and silver, which may be hoarded up without injury to any one; +these metals not spoiling or decaying in the hands of the +possessor. This partage of things in an inequality of private +possessions, men have made practicable out of the bounds of +society, and without compact, only by putting a value on gold and +silver, and tacitly agreeing in the use of money: for in +governments, the laws regulate the right of property, and the +possession of land is determined by positive constitutions.</p> + +<p><a name="Sect. 51."></a>Sect. 51. And thus, I think, it is +very easy to conceive, without any difficulty, <em>how labour +could at first begin a title of property</em> in the common +things of nature, and how the spending it upon our uses bounded +it. So that there could then be no reason of quarrelling about +title, nor any doubt about the largeness of possession it gave. +Right and conveniency went together; for as a man had a right to +all he could employ his labour upon, so he had no temptation to +labour for more than he could make use of. This left no room for +controversy about the title, nor for encroachment on the right of +others; what portion a man carved to himself, was easily seen; +and it was useless, as well as dishonest, to carve himself too +much, or take more than he needed.</p> + +<hr> +<br> +<br> +<br> +<br> +<br> +<br> +<pre> +*** END OF THE PROJECT GUTENBERG EBOOK, TWO TREATISES OF GOVERNMENT *** + +This file should be named trgov10h.htm or trgov10h.zip +Corrected EDITIONS of our eBooks get a new NUMBER, trgov11h.htm +VERSIONS based on separate sources get new LETTER, trgov10ah.htm + + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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