OF POLITICAL OR CIVIL SOCIETY.
Sect. 77. GOD having made man such a creature, that in his own judgment,
it was not good for him to be alone, put him under strong obligations of
necessity, convenience, and inclination to drive him into society, as
well as fitted him with understanding and language to continue and enjoy
it. The first society was between man and wife, which gave beginning to
that between parents and children; to which, in time, that between
master and servant came to be added: and though all these might, and
commonly did meet together, and make up but one family, wherein the
master or mistress of it had some sort of rule proper to a family; each
of these, or all together, came short of political society, as we shall
see, if we consider the different ends, ties, and bounds of each of
these.
Sect. 78. Conjugal society is made by a voluntary compact between man
and woman; and tho’ it consist chiefly in such a communion and right in
one another’s bodies as is necessary to its chief end, procreation; yet
it draws with it mutual support and assistance, and a communion of
interests too, as necessary not only to unite their care and affection,
but also necessary to their common off-spring, who have a right to be
nourished, and maintained by them, till they are able to provide for
themselves.
Sect. 79. For the end of conjunction, between male and female, being not
barely procreation, but the continuation of the species; thisconjunction
betwixt male and female ought to last, even after procreation, so long
as is necessary to the nourishment and support of the young ones, who
are to be sustained by those that got them, till they are able to shift
and provide for themselves. This rule, which the infinite wise maker
hath set to the works of his hands, we find the inferior creatures
steadily obey. In those viviparous animals which feed on grass, the
conjunction between male and female lasts no longer than the very act of
copulation; because the teat of the dam being sufficient to nourish the
young, till it be able to feed on grass, the male only begets, but
concerns not himself for the female or young, to whose sustenance he can
contribute nothing. But in beasts of prey the conjunction lasts longer:
because the dam not being able well to subsist herself, and nourish her
numerous off-spring by her own prey alone, a more laborious, as well as
more dangerous way of living, than by feeding on grass, the assistance
of the male is necessary to the maintenance of their common family,
which cannot subsist till they are able to prey for themselves, but by
the joint care of male and female. The same is to be observed in all
birds, (except some domestic ones, where plenty of food excuses the cock
from feeding, and taking care of the young brood) whose young needing
food in the nest, the cock and hen continue mates, till the young are
able to use their wing, and provide for themselves.
Sect. 80. And herein I think lies the chief, if not the only reason, why
the male and female in mankind are tied to a longer conjunction than
other creatures, viz. because the female is capable of conceiving, and
de facto is commonly with child again, and brings forth too a new birth,
long before the former is out of a dependency for support on his parents
help, and able to shift for himself, and has all the assistance is due
to him from his parents: whereby the father, who is bound to take care
for those he hath begot, is under an obligation to continue in conjugal
society with the same woman longer than other creatures, whose young
being able to subsist of themselves, before the time of procreation
returns again, the conjugal bond dissolves of itself, and they are at
liberty, till Hymen at his usual anniversary season summons them again
to chuse new mates. Wherein one cannot but admire the wisdom of the
great Creator, who having given to man foresight, and an ability to lay
up for the future, as well as to supply the present necessity, hath made
it necessary, that society of man and wife should be more lasting, than
of male and female amongst other creatures; that so their industry might
be encouraged, and their interest better united, to make provision and
lay up goods for their common issue, which uncertain mixture, or easy
and frequent solutions of conjugal society would mightily disturb.
Sect. 81. But tho’ these are ties upon mankind, which make the conjugal
bonds more firm and lasting in man, than the other species of animals;
yet it would give one reason to enquire, why this compact, where
procreation and education are secured, and inheritance taken care for,
may not be made determinable, either by consent, or at a certain time,
or upon certain conditions, as well as any other voluntary compacts,
there being no necessity in the nature of the thing, nor to the ends of
it, that it should always be for life; I mean, to such as are under no
restraint of any positive law, which ordains all such contracts to be
perpetual.
Sect. 82. But the husband and wife, though they have but one common
concern, yet having different understandings, will unavoidably sometimes
have different wills too; it therefore being necessary that the last
determination, i. e. the rule, should be placed somewhere; it naturally
falls to the man’s share, as the abler and the stronger. But this
reaching but to the things of their common interest and property, leaves
the wife in the full and free possession of what by contract is her
peculiar right, and gives the husband no more power over her life than
she has over his; the power of the husband being so far from that of an
absolute monarch, that the wife has in many cases a liberty to separate
from him, where natural right, or their contract allows it; whether that
contract be made by themselves in the state of nature, or by the customs
or laws of the country they live in; and the children upon such
separation fall to the father or mother’s lot, as such contract does
determine.
Sect. 83. For all the ends of marriage being to be obtained under
politic government, as well as in the state of nature, the civil
magistrate doth not abridge the right or power of either naturally
necessary to those ends, viz. procreation and mutual support and
assistance whilst they are together; but only decides any controversy
that may arise between man and wife about them. If it were otherwise,
and that absolute sovereignty and power of life and death naturally
belonged to the husband, and were necessary to the society between man
and wife, there could be no matrimony in any of those countries where
the husband is allowed no such absolute authority. But the ends of
matrimony requiring no such power in the husband, the condition of
conjugal society put it not in him, it being not at all necessary to
that state. Conjugal society could subsist and attain its ends without
it; nay, community of goods, and the power over them, mutual assistance
and maintenance, and other things belonging to conjugal society, might
be varied and regulated by that contract which unites man and wife in
that society, as far as may consist with procreation and the bringing up
of children till they could shift for themselves; nothing being
necessary to any society, that is not necessary to the ends for which it
is made.
Sect. 84. The society betwixt parents and children, and the distinct
rights and powers belonging respectively to them, I have treated of so
largely, in the foregoing chapter, that I shall not here need to say any
thing of it. And I think it is plain, that it is far different from a
politic society.
Sect. 85. Master and servant are names as old as history, but given to
those of far different condition; for a freeman makes himself a servant
to another, by selling him, for a certain time, the service he
undertakes to do, in exchange for wages he is to receive: and though
this commonly puts him into the family of his master, and under the
ordinary discipline thereof; yet it gives the master but a temporary
power over him, and no greater than what is contained in the contract
between them. But there is another sort of servants, which by a peculiar
name we call slaves, who being captives taken in a just war, are by the
right of nature subjected to the absolute dominion and arbitrary power
of their masters. These men having, as I say, forfeited their lives, and
with it their liberties, and lost their estates; and being in the state
of slavery, not capable of any property, cannot in that state be
considered as any part of civil society; the chief end whereof is the
preservation of property.
Sect. 86. Let us therefore consider a master of a family with all these
subordinate relations of wife, children, servants, and slaves, united
under the domestic rule of a family; which, what resemblance soever it
may have in its order, offices, and number too, with a little
commonwealth, yet is very far from it, both in its constitution, power
and end: or if it must be thought a monarchy, and the paterfamilias the
absolute monarch in it, absolute monarchy will have but a very shattered
and short power, when it is plain, by what has been said before, that
the master of the family has a very distinct and differently limited
power, both as to time and extent, over those several persons that are
in it; for excepting the slave (and the family is as much a family, and
his power as paterfamilias as great, whether there be any slaves in his
family or no) he has no legislative power of life and death over any of
them, and none too but what a mistress of a family may have as well as
he. And he certainly can have no absolute power over the whole family,
who has but a very limited one over every individual in it. But how a
family, or any other society of men, differ from that which is properly
political society, we shall best see, by considering wherein political
society itself consists.
Sect. 87. Man being born, as has been proved, with a title to perfect
freedom, and an uncontrouled enjoyment of all the rights and privileges
of the law of nature, equally with any other man, or number of men in
the world, hath by nature a power, not only to preserve his property,
that is, his life, liberty and estate, against the injuries and attempts
of other men; but to judge of, and punish the breaches of that law in
others, as he is persuaded the offence deserves, even with death itself,
in crimes where the heinousness of the fact, in his opinion, requires
it. But because no political society can be, nor subsist, without having
in itself the power to preserve the property, and in order thereunto,
punish the offences of all those of that society; there, and there only
is political society, where every one of the members hath quitted this
natural power, resigned it up into the hands of the community in all
cases that exclude him not from appealing for protection to the law
established by it. And thus all private judgment of every particular
member being excluded, the community comes to be umpire, by settled
standing rules, indifferent, and the same to all parties; and by men
having authority from the community, for the execution of those rules,
decides all the differences that may happen between any members of that
society concerning any matter of right; and punishes those offences
which any member hath committed against the society, with such penalties
as the law has established: whereby it is easy to discern, who are, and
who are not, in political society together. Those who are united into
one body, and have a common established law and judicature to appeal to,
with authority to decide controversies between them, and punish
offenders, are in civil society one with another: but those who have no
such common appeal, I mean on earth, are still in the state of nature,
each being, where there is no other, judge for himself, and executioner;
which is, as I have before shewed it, the perfect state of nature.
Sect. 88. And thus the commonwealth comes by a power to set down what
punishment shall belong to the several transgressions which they think
worthy of it, committed amongst the members of that society, (which is
the power of making laws) as well as it has the power to punish any
injury done unto any of its members, by any one that is not of it,
(which is the power of war and peace;) and all this for the preservation
of the property of all the members of that society, as far as is
possible. But though every man who has entered into civil society, and
is become a member of any commonwealth, has thereby quitted his power to
punish offences, against the law of nature, in prosecution of his own
private judgment, yet with the judgment of offences, which he has given
up to the legislative in all cases, where he can appeal to the
magistrate, he has given a right to the commonwealth to employ his
force, for the execution of the judgments of the commonwealth, whenever
he shall be called to it; which indeed are his own judgments, they being
made by himself, or his representative. And herein we have the original
of the legislative and executive power of civil society, which is to
judge by standing laws, how far offences are to be punished, when
committed within the commonwealth; and also to determine, by occasional
judgments founded on the present circumstances of the fact, how far
injuries from without are to be vindicated; and in both these to employ
all the force of all the members, when there shall be need.
Sect. 89. Where-ever therefore any number of men are so united into one
society, as to quit every one his executive power of the law of nature,
and to resign it to the public, there and there only is a political, or
civil society. And this is done, where-ever any number of men, in the
state of nature, enter into society to make one people, one body
politic, under one supreme government; or else when any one joins
himself to, and incorporates with any government already made: for
hereby he authorizes the society, or which is all one, the legislative
thereof, to make laws for him, as the public good of the society shall
require; to the execution whereof, his own assistance (as to his own
decrees) is due. And this puts men out of a state of nature into that of
a commonwealth, by setting up a judge on earth, with authority to
determine all the controversies, and redress the injuries that may
happen to any member of the commonwealth; which judge is the
legislative, or magistrates appointed by it. And where-ever there are
any number of men, however associated, that have no such decisive power
to appeal to, there they are still in the state of nature.
Sect. 90. Hence it is evident, that absolute monarchy, which by some men
is counted the only government in the world, is indeed inconsistent with
civil society, and so can be no form of civil-government at all: for the
end of civil society, being to avoid, and remedy those inconveniencies
of the state of nature, which necessarily follow from every man’s being
judge in his own case, by setting up a known authority, to which every
one of that society may appeal upon any injury received, or controversy
that may arise, and which every one of the society ought to obey;*
where-ever any persons are, who have not such an authority to appeal to,
for the decision of any difference between them, there those persons are
still in the state of nature; and so is every absolute prince, in
respect of those who are under his dominion.
(*The public power of all society is above every soul contained in the
same society; and the principal use of that power is, to give laws unto
all that are under it, which laws in such cases we must obey, unless
there be reason shewed which may necessarily inforce, that the law of
reason, or of God, doth enjoin the contrary, Hook. Eccl. Pol. l. i.
sect. 16.)
Sect. 91. For he being supposed to have all, both legislative and
executive power in himself alone, there is no judge to be found, no
appeal lies open to any one, who may fairly, and indifferently, and with
authority decide, and from whose decision relief and redress may be
expected of any injury or inconviency, that may be suffered from the
prince, or by his order: so that such a man, however intitled, Czar, or
Grand Seignior, or how you please, is as much in the state of nature,
with all under his dominion, as he is with the rest of mankind: for
where-ever any two men are, who have no standing rule, and common judge
to appeal to on earth, for the determination of controversies of right
betwixt them, there they are still in the state of* nature, and under
all the inconveniencies of it, with only this woful difference to the
subject, or rather slave of an absolute prince: that whereas, in the
ordinary state of nature, he has a liberty to judge of his right, and
according to the best of his power, to maintain it; now, whenever his
property is invaded by the will and order of his monarch, he has not
only no appeal, as those in society ought to have, but as if he were
degraded from the common state of rational creatures, is denied a
liberty to judge of, or to defend his right; and so is exposed to all
the misery and inconveniencies, that a man can fear from one, who being
in the unrestrained state of nature, is yet corrupted with flattery, and
armed with power.
(*To take away all such mutual grievances, injuries and wrongs, i.e.
such as attend men in the state of nature, there was no way but only by
growing into composition and agreement amongst themselves, by ordaining
some kind of govemment public, and by yielding themselves subject
thereunto, that unto whom they granted authority to rule and govem, by
them the peace, tranquillity and happy estate of the rest might be
procured. Men always knew that where force and injury was offered, they
might be defenders of themselves; they knew that however men may seek
their own commodity, yet if this were done with injury unto others, it
was not to be suffered, but by all men, and all good means to be
withstood. Finally, they knew that no man might in reason take upon him
to determine his own right, and according to his own determination
proceed in maintenance thereof, in as much as every man is towards
himself, and them whom he greatly affects, partial; and therefore that
strifes and troubles would be endless, except they gave their common
consent, all to be ordered by some, whom they should agree upon, without
which consent there would be no reason that one man should take upon him
to be lord or judge over another, Hooker’s Eccl. Pol. l. i. sect. 10.)
Sect. 92. For he that thinks absolute power purifies men’s blood, and
corrects the baseness of human nature, need read but the history of
this, or any other age, to be convinced of the contrary. He that would
have been insolent and injurious in the woods of America, would not
probably be much better in a throne; where perhaps learning and religion
shall be found out to justify all that he shall do to his subjects, and
the sword presently silence all those that dare question it: for what
the protection of absolute monarchy is, what kind of fathers of their
countries it makes princes to be and to what a degree of happiness and
security it carries civil society, where this sort of government is
grown to perfection, he that will look into the late relation of Ceylon,
may easily see.
Sect. 93. In absolute monarchies indeed, as well as other governments of
the world, the subjects have an appeal to the law, and judges to decide
any controversies, and restrain any violence that may happen betwixt the
subjects themselves, one amongst another. This every one thinks
necessary, and believes he deserves to be thought a declared enemy to
society and mankind, who should go about to take it away. But whether
this be from a true love of mankind and society, and such a charity as
we owe all one to another, there is reason to doubt: for this is no more
than what every man, who loves his own power, profit, or greatness, may
and naturally must do, keep those animals from hurting, or destroying
one another, who labour and drudge only for his pleasure and advantage;
and so are taken care of, not out of any love the master has for them,
but love of himself, and the profit they bring him: for if it be asked,
what security, what fence is there, in such a state, against the
violence and oppression of this absolute ruler? the very question can
scarce be borne. They are ready to tell you, that it deserves death only
to ask after safety. Betwixt subject and subject, they will grant, there
must be measures, laws and judges, for their mutual peace and security:
but as for the ruler, he ought to be absolute, and is above all such
circumstances; because he has power to do more hurt and wrong, it is
right when he does it. To ask how you may be guarded from harm, or
injury, on that side where the strongest hand is to do it, is presently
the voice of faction and rebellion: as if when men quitting the state of
nature entered into society, they agreed that all of them but one,
should be under the restraint of laws, but that he should still retain
all the liberty of the state of nature, increased with power, and made
licentious by impunity. This is to think, that men are so foolish, that
they take care to avoid what mischiefs may be done them by pole-cats, or
foxes; but are content, nay, think it safety, to be devoured by lions.
Sect. 94. But whatever flatterers may talk to amuse people’s
understandings, it hinders not men from feeling; and when they perceive,
that any man, in what station soever, is out of the bounds of the civil
society which they are of, and that they have no appeal on earth against
any harm, they may receive from him, they are apt to think themselves in
the state of nature, in respect of him whom they find to be so; and to
take care, as soon as they can, to have that safety and security in
civil society, for which it was first instituted, and for which only
they entered into it. And therefore, though perhaps at first, (as shall
be shewed more at large hereafter in the following part of this
discourse) some one good and excellent man having got a pre-eminency
amongst the rest, had this deference paid to his goodness and virtue, as
to a kind of natural authority, that the chief rule, with arbitration of
their differences, by a tacit consent devolved into his hands, without
any other caution, but the assurance they had of his uprightness and
wisdom; yet when time, giving authority, and (as some men would persuade
us) sacredness of customs, which the negligent, and unforeseeing
innocence of the first ages began, had brought in successors of another
stamp, the people finding their properties not secure under the
government, as then it was, (whereas government has no other end but the
preservation of* property) could never be safe nor at rest, nor think
themselves in civil society, till the legislature was placed in
collective bodies of men, call them senate, parliament, or what you
please. By which means every single person became subject, equally with
other the meanest men, to those laws, which he himself, as part of the
legislative, had established; nor could any one, by his own authority;
avoid the force of the law, when once made; nor by any pretence of
superiority plead exemption, thereby to license his own, or the
miscarriages of any of his dependents.** No man in civil society can be
exempted from the laws of it: for if any man may do what he thinks fit,
and there be no appeal on earth, for redress or security against any
harm he shall do; I ask, whether he be not perfectly still in the state
of nature, and so can be no part or member of that civil society; unless
any one will say, the state of nature and civil society are one and the
same thing, which I have never yet found any one so great a patron of
anarchy as to affirm.
(*At the first, when some certain kind of regiment was once appointed,
it may be that nothing was then farther thought upon for the manner of
goveming, but all permitted unto their wisdom and discretion, which were
to rule, till by experience they found this for all parts very
inconvenient, so as the thing which they had devised for a remedy, did
indeed but increase the sore, which it should have cured. They saw, that
to live by one man’s will, became the cause of all men’s misery. This
constrained them to come unto laws, wherein all men might see their duty
beforehand, and know the penalties of transgressing them. Hooker’s Eccl.
Pol. l. i. sect. 10.)
(**Civil law being the act of the whole body politic, doth therefore
over-rule each several part of the same body. Hooker, ibid.)