16 - /
VI. Nor is there any opposition to this doctrine in'Tis little mat- ter what views first made men unite.what some ingenious men alledge that „the first po-litical unions have been formed with the most un-just designs; that bad men have first thus united andfounded cities, with a view to plunder and oppresstheir neighbours.“ Grant that this were true, tho''tis not certain even about the first states, and muchless so about the original of all states in succeedingages; it only proves that bad men at first fell uponthis contrivance, or first discovered that a political uni- on was of great consequence to the defence and security 224 TheNatureofPolitical Union.Book III. of a large body, and to the increase of all their advanta-ges. The apprehension such men might have been un-der ofthe just resentments of their fellow-creatures, in-curred by their injuries, may have first roused their in-vention. Whereas good men, who had no just causesof fear, might not think so soon of exercising theirinventions in the arts of defence. But as soon as anypolitical bodies were formed; all the separate familiesin the adjacent country must soon see the necessity oflike associations, and that from the motives alreadymentioned.
17 - /
III. These transactions shew abundantly how thispolitical relation and the ensuing obligations may na-turally arise. But the manner in which they bind po-sterity is not so obvious. And yet all states look uponthe descendants of subjects to be in the same politicalrelation, and under the same obligations with their pa-rents; tho' minors are not decerned capable of consent-ing, and therefore no tacit consent to be presumed:nor would one be free from these obligations, tho' hisfirst act, when he came to maturity, were declaring hisdissent, or entering into a conspiracy with a foreignpower against the state in which he was born. To ex-plain this point let us observe.
18 - /
VIII. Political bodies, whether great or small, ifthey are constituted by a people formerly independentand under no civil subjection, or by those who justlyclaim independency from any civil power they wereformerly subject to, have the civil supremacy in them-selves; and are in a state of equal right and libertywith respect to all other states whether great or small. No regard is to be had in this matter to names; whe- ther the politick body be called a kingdom, an em-pire, a principality, a dukedom, a country, a repub-lick, or free town. If it can exercise justly all the es- sential parts of civil power within itself, independent-ly of any other person or body politick; and neitherof them has any right to rescind or make void its ac-tions; it has the civil supremacy how small soever its territory be, or the number of its people; and has all the rights of an independent state.
19 - /
† Most of these remarks upon Aristocra-cies one sees confirmed by the whole firstDecad of Livy, which Machiavel just-ly chose as the fund of his political obser-vations. When senators are entitled to beelected by a certain degree of wealth, Ari-20 - /
As in the old laws of such Monarchies, seldom isany thing expresly determined upon the event of aforfeiture incurred by mal-administration of one inpossession: and yet common sense, and the known in-tention of the office, must shew that a grosly perfidi-ous administration, contrary to express engagements,and the very end of the trust, must forfeit the right:
* Thus if inheritances are simply he-reditary, that is descending to the next inblood, so it is presumed they intended thecrown should descend; that is, for instance,to a second son in preference to a grand-son by a deceast eldest son; to a youngerbrother in preference of a nephew by an
elder brother deceased: to a grandson bya youngest son or daughter, in preferenceof all grand-daughters. If the lineal de-scent is received by custom, so it is presum- ed they intended the crown should de-scend.
HowCivil Poweris acquired. 303 if the custom be universally received in a nation, thatChap. 8.in all inheritances whosoever incurs a forfeiture, orvoluntarily abdicates, precludes not only himself butall his descendants, nay collaterals too; so that the in- heritance reverts entirely to the fuperior, or to the person, or politickbody which granted it; it is pre- sumable, in all fair interpretation, that this too was the intention of any old fundamental laws or original contracts as to the descent of crowns, where nothing is more specially determined upon the event of for-feiture or abdication. In the forfeitures of privateinheritances or fortunes indeed, such regulations arecontrary to humanity, as these fortunes are truly de-stined for the behoof of a family. Wives and chil-dren are joint proprietors, tho' the head of the fa-mily has the sole administration. But the heirs in re-mainder to crowns have no such equitable plea. Theregal office is not in its nature destined for the be-hoof of any family, but is a trust for the service of anation, nor is there any equitable foundation to claimthat such offices should be hereditary or descend ac-cording to proximity of blood, or by a line of repre-sentatives. Those in remainder have no other claimthan from the old deed or law. And it is presumablethat the true intent of it is to exclude all descendants at least, and sometimes the whole family, of such as forfeited; since nothing else called hereditary de-scends to the posterity, or to any kinsman of one whohad forfeited*.21 - /
XII. The same doctrine about the rights of con-quest which holds as to Monarchs, holds also as to allbodiespolitick under any form: and as great invasi-ons have been made on the rights of neighbouringstates by Aristocracies and Democracies, as by prin- HowCivil Poweris acquired. 307 ces. We may finish this subject by considering the rightsChap. 8.of the mother-countries over colonies. These aresent with very different views and rights.* Some-times a nation overstocked, and not desiring to en-large its territories, sends out a part of the subjects wellprovided, to find new habitations for themselves, andto found a new independent state, upon which no o-ther claim is retained but that of a friendly alliance.Sometimes colonies of free citizens are sent to makenew conquests, with a view that the colony shouldremain a part of the old body politick, and that itshould enjoy the same rights with the other parts ofthe body. These two ways of settling colonies are hu-mane and equitable with respect to the colony. Some-times upon a conquest or acquisition made of distantlands, a colony is sent to possess, defend and cultivate them, that they may be a province to the old state,to be managed for its advantage; so that the mem-bers of the colony, while they reside there, shall notshare in the power or privileges of the antient sub-jects. If any number of citizens voluntarily consentto these terms, and are allowed, when they incline, toreturn to their mother-country with their fortunes,and enjoy all the rights of other subjects, there canbe no injury alleged as done to them. But it wouldbe a great hardsship, not justifyable but by some greatnecessity, to force any number of subjects into a worsecondition in point of right or liberty upon their bold-
* Such was the settlement of Lacedemonians at Tarentum under Phalantus, andthose of other Grecian states in Italy.
308 HowCivil Poweris acquired.Book III. ly adventuring abroad and settling their fortunes ina distant land, by direction and countenance of thestate to increase its dominions or enlarge its trade, orto make laws after they are settled in such distantplaces, that shall deprive them of any valuable rightor enjoyment, which is not destructive to the old state, or beneficial to its enemies or rivals.22 - /
Nay as the end of all political unions is the ge-neral good of those thus united, and this good mustbe subordinated to the more extensive interests ofmankind. If the plan of the mother-country is chang-ed by force, or degenerates by degrees from a safe,mild, and gentle limited power, to a severe and ab-solute one; or if under the same plan of polity, op-pressive laws are made with respect to the colonies orprovinces; and any colony is so increased in numbersand strength that they are sufficient by themselves forall the good ends of a political union; they are notbound to continue in their subjection, when it is grownso much more burdensome than was expected. Theirconsent to be subject to a safe and gentle plan ofpower or laws, imports no subjection to the danger-ous and oppressive ones. Not to mention that all theprinciples of humanity require that where the retain-ing any right or claim is of far less importance tothe happiness or safety of one body than it is dan-gerous and oppressive to another, the former shouldquit the claim, or agree to all such restrictions and li- mitations of it as are necessary for the liberty and hap-piness of the other, provided the other makes com- HowCivil Poweris acquired. 309 pensation of any damage thus occasioned. LargeChap. 8.numbers of men cannot be bound to sacrifice theirown and their posterity's liberty and happiness, to theambitious views of their mother-country, while it canenjoy all rational happiness without subjection to it;and they can only be obliged to compensate the ex-pences of making the settlement and defending itwhile it needed such defence, and to continue, asgood allies, ready to supply as friends any loss ofstrength their old country sustained by their quittingtheir subjection to it. There is something so unna-tural in supposing a large society, sufficient for all the good purposes of an independent political union, re- maining subject to the direction and government ofa distant body of men who know not sufficiently thecircumstances and exigencies of this society; or in sup- posing this society obliged to be governed solely for the benefit of a distant country; that it is not easy toimagine there can be any foundation for it in justice or equity. The insisting on old claims and tacit con- ventions, to extend civil power over distant nations, and form grand unwieldy empires, without regard tothe obvious maxims of humanity, has been one greatsource of human misery.
23 - /
It is plain that right and property are better pre-served by a very few simple laws leaving much to thejudges, provided there be a good plan for obtainingwise and disinterested judges. The Romans in theirbest ages had a large roll of* intelligent men in thelaw named by the praetor as judges for that year,when he entered on his office; and out of these a smallnumber were taken by lot for the decision of eachcause: the party whose cause appeared just was freedfrom all charges, and the whole expence was cast onthe other side, unless the judges determined that hehad such plausible pleas as might have deceived anhonest man. Where it was not so, further penaltiesand these very high were inflicted for his unjust li-tigiousness. The great men of eloquence in Romepleaded gratis, as the lawyers also gave their opini-
* These were the judices selecti who for some time were to be all patricians, after-wards to be of the equestrian order, and then of both orders.
and theExecutionof them. 323 ons and directions; and this was one of the naturalChap. 9.ways of obtaining popularity, and of succeeding inelections. But what should hinder in any plan of po-lity, that out of such a roll the plaintiff and defen-dent might also each for himself chuse a patron oradvocate, who should plead without fee from the cli-ent; and that he who pleaded the just cause shouldbe payed by the state for his good service to a citizen. Protection against injury, and the obtaining of every just claim without charge, seems naturally due fromthe governors of a community to its members; sincethey have resigned their natural rights into theirhands. Judges and juries, to whom we trust our lives,could always determine whether the party who lostthe cause had any such plea as might have deceivedan honest man. Where he had not; the penalty fortheft is not too high for a litigious prosecution ordefence, severity on such crimes is mercy to all ho-nest men, who often suffer more by them than bythefts and robberies, and that with more vexation.24 - /
Hereditary honours have been conferred upon pre-Chap. 9.sumption that the posterity of the eminently virtu-Causes of here ditary honours.ous, would either by nature, imitation, or good edu-cation, prove eminent the same way: and with a de-sign to make the rewards of eminent services moreagreeable, as they conferred a dignity upon the de-scendants of the virtuous. The expectation of suchdignity may raise young minds to nobler views suit-ed to their station. If a censorial power, of degradingsuch as act unbecomingly to their dignity, be vigo-rously exercised; hereditary honours cannot be intire-ly condemned as useless. The natural causes of ho-nour or merit may be abundantly seen by what wassaid above upon the degrees of virtue. But as theyare made political rewards, they must not be employ-ed in exact proportion to the degrees of moral good-ness, but as they shall most encourage the virtues mostnecessary to the state.
25 - /
6. As to any rights which smaller corporations en-joy as parts of a great body politick and with rela-tion to it, such as a right of representation in thesupreme council; no mal-administration of even themagistrates or councils of such corporation shouldforfeit a right of importance not only to all the in-nocent members, but to the whole state.
26 - /
Thus the general duties of magistrates and sub- TheLawsofPeaceandWar. 347 jects are discoverable from the nature of the trustChap. 10.committed to them, and the end of all civil power.Political prudence to exercise the rights vested inmagistrates wisely according to the several exigenciesof publick affairs, is a most important part of hu-man knowledge, and must be acquired by much ob-servation, and experience in political affairs, by know- ledge of the interests and constitutions of neighbour- ing states, by civil history, and political writings.
27 - /
XI. There are many divisions of treaties; some areDivisions of treaties. personal, entered into out of affection to the personof the prince, and subsisting only during his life. O- 366 TreatiesofPeace.Book III. thers are called real, when they are made with a princeor ruler, as he represents and acts in the name of thebody politick, which never dies. The obligation ofthese is perpetual, where no limited term of yearsis expressed. Some are equal, binding to equal per-formances, or such as are proportional to the wealthof the states; and others unequal. Of the unequal a-gain, some, tho' burdensome to one side more thanthe other, yet make no diminution of its sovereigntyor independency. Such for example, as bind one sideto refund the expences of the war, to deliver up ships,or frontier towns, or to quit certain branches of trade,or even to pay certain sums annually. Notwithstand-ing of such burdens, the state may exercise within it-self, and with other nations, all parts of the supremepower; other unequal treaties diminish the sovereign-ty: thus if one consents that appeals shall lie in cer-tain causes from its own courts to those of the otherstate, or that it shall not make war without consent of the other. The terms of these treaties suggest the obligations on both sides.
28 - /
I. THE duration of a political union, and of a ci-tizen's obligation to his country may be de-The duration of the political union.termined by these considerations. 1. As this union isdesigned for the good of all, it is oppressive in anystate, where it is in no danger of decay, to detain anysmall number of citizens, who have a rational pro-spect of a better condition elsewhere, while the stateWhen subjects are free from the bond.suffers no considerable loss by their departure. It mustbe a wretched plan of polity, or very unfaithfully ad-ministred, which can tempt any great numbers to de-sert it, contrary to so many strong natural tyes; andin either case, if proper remonstrances cannot obtaina redress of severe grievances, the citizens have a right to leave it, as the natural conditions, either expressedor implied, upon which they associated are broken.To desert a good association, wisely administred, whenit falls into any distress by foreign force, is highly cri-minal; and the state may restrain its subjects by vio- lence, as they are sacredly bound to support it at all hazards.
29 - /
If a people once intirely conquered should uponany unexpected emergence speedily recover its inde-pendence, it is the duty of all its citizens who haveentered into no new political bonds to return to theirformer union, if the terms of it were equitable. Butif they were not, or if any parts have entered intonew polities, by contracts against which they have nojust exception; as the former bond was dissolved bythe conquest; all their new transactions are obligato-ry, in which they acted justly according to the pro-babilities then appearing to them.
30 - /
III. While the political union subsists, the dutiesof citizens, which arise either from the general rela-tion to their country and fellow-citizens, or from par-ticular stations and offices, are known by consideringthe true ends of the union, the rights of their gover-nors, and the laws of their country, or the nature ofany special offices they bear in it. It is superfluous to 376 TheConclusion.Book III. heap up common-place maxims, well known, but ofdifficult application to particular cases; a good man's heart will always be zealous for the interest of any innocent association for a publick interest, in which, by the Divine Providence, he is engaged; and will look upon this situation of his fortunes as the voice of Goddirecting him to that part of his fellows who should be more peculiarly the objects of his affectionate con- cern. And he will always remember*, that in any to-lerable constitution, he and his fellow-subjects owe in-numerable advantages to the civil polity, to the laws,and to the whole body; even all their civilized edu-cation, their safety, their continual protection frominnumerable injuries, and almost all accommodationsand pleasures of life. They ought therefore to studythe preservation and improvement of this constitution,and the general interest of this body, of which DivineProvidence has made them a part, and recommendedit to their zeal by all the generous principles in theirsoul. No worldly interest of ours, not life itself, shouldbe reputed too dear to be sacrificed for its preserva-tion; since in it is included the safety and all exter-nal happiness of great multitudes, both in the presentage, and in those which shall succeed.