So far is determined by a plain utility and interest. But perhaps it is

from more trivial reasons, that delivery, or a sensible transference of

the object is commonly required by civil laws, and also by the laws of

nature, according to most authors, as a requisite circumstance in the

translation of property. The property of an object, when taken for

something real, without any reference to morality, or the sentiments of

the mind, is a quality perfectly insensible, and even inconceivable; nor

can we form any distinct notion, either of its stability or translation.

This imperfection of our ideas is less sensibly felt with regard to its

stability, as it engages less our attention, and is easily past over by

the mind, without any scrupulous examination. But as the translation

of property from one person to another is a more remarkable event, the

defect of our ideas becomes more sensible on that occasion, and obliges

us to turn ourselves on every side in search of some remedy. Now as

nothing more enlivens any idea than a present impression, and a relation

betwixt that impression and the idea; it is natural for us to seek

some false light from this quarter. In order to aid the imagination in

conceiving the transference of property, we take the sensible object,

and actually transfer its possession to the person, on whom we would

bestow the property. The supposed resemblance of the actions, and the

presence of this sensible delivery, deceive the mind, and make it fancy,

that it conceives the mysterious transition of the property. And that

this explication of the matter is just, appears hence, that men have

invented a symbolical delivery, to satisfy the fancy, where the real one

is impracticable. Thus the giving the keys of a granary is understood

to be the delivery of the corn contained in it: The giving of stone

and earth represents the delivery of a manor. This is a kind of

superstitious practice in civil laws, and in the laws of nature,

resembling the Roman catholic superstitions in religion. As the Roman

catholics represent the inconceivable mysteries of the Christian

religion, and render them more present to the mind, by a taper, or

habit, or grimace, which is supposed to resemble them; so lawyers and

moralists have run into like inventions for the same reason, and

have endeavoured by those means to satisfy themselves concerning the

transference of property by consent.

SECT. V OF THE OBLIGATION OF PROMISES

That the rule of morality, which enjoins the performance of promises, is

not natural, will sufficiently appear from these two propositions,

which I proceed to prove, viz, that a promise would not be intelligible,

before human conventions had established it; and that even if it were

intelligible, it would not be attended with any moral obligation.

I say, first, that a promise is not intelligible naturally, nor

antecedent to human conventions; and that a man, unacquainted with

society, could never enter into any engagements with another, even

though they could perceive each other's thoughts by intuition. If

promises be natural and intelligible, there must be some act of the mind

attending these words, I promise; and on this act of the mind must the

obligation depend. Let us, therefore, run over all the faculties of the

soul, and see which of them is exerted in our promises.

The act of the mind, exprest by a promise, is not a resolution to

perform any thing: For that alone never imposes any obligation. Nor is

it a desire of such a performance: For we may bind ourselves without

such a desire, or even with an aversion, declared and avowed. Neither

is it the willing of that action, which we promise to perform: For a

promise always regards some future time, and the will has an influence

only on present actions. It follows, therefore, that since the act of

the mind, which enters into a promise, and produces its obligation, is

neither the resolving, desiring, nor willing any particular performance,

it must necessarily be the willing of that obligation, which arises

from the promise. Nor is this only a conclusion of philosophy; but is

entirely conformable to our common ways of thinking and of expressing

ourselves, when we say that we are bound by our own consent, and that

the obligation arises from our mere will and pleasure. The only question

then is, whether there be not a manifest absurdity in supposing this

act of the mind, and such an absurdity as no man could fall into,

whose ideas are not confounded with prejudice and the fallacious use of

language.

All morality depends upon our sentiments; and when any action, or

quality of the mind, pleases us after a certain manner, we say it is

virtuous; and when the neglect, or nonperformance of it, displeases us

after a like manner, we say that we lie under an obligation to perform

it. A change of the obligation supposes a change of the sentiment; and

a creation of a new obligation supposes some new sentiment to arise. But

it is certain we can naturally no more change our own sentiments, than

the motions of the heavens; nor by a single act of our will, that is,

by a promise, render any action agreeable or disagreeable, moral

or immoral; which, without that act, would have produced contrary

impressions, or have been endowed with different qualities. It would

be absurd, therefore, to will any new obligation, that is, any new

sentiment of pain or pleasure; nor is it possible, that men could

naturally fall into so gross an absurdity. A promise, therefore, is

naturally something altogether unintelligible, nor is there any act of

the mind belonging to it.[7]

[7] Were morality discoverable by reason, and not by sentiment, it

would be still more evident, that promises cou'd make no alteration

upon it. Morality is suppos'd to consist in relation. Every new

imposition of morality, therefore, must arise from some new

relation of objects; and consequently the will could not produce

immediately any change in morals, but cou'd have that effect only

by producing a change upon the objects. But as the moral obligation

of a promise is the pure effect of the will, without the least

change in any part of the universe; it follows, that promises have

no natural obligation.

Shou'd it be said, that this act of the will being in effect a new

object, produces new relations and new duties; I wou'd answer, that

this is a pure sophism, which may be detected by a very moderate

share of accuracy and exactness. To will a new obligation, is to

will a new relation of objects; and therefore, if this new relation

of objects were form'd by the volition itself, we should in effect

will the volition; which is plainly absurd and impossible. The will

has here no object to which it cou'd tend; but must return upon

itself in infinitum. The new obligation depends upon new relations.

The new relations depend upon a new volition. The new volition has

for object a new obligation, and consequently new relations, and

consequently a new volition; which volition again has in view a new

obligation, relation and volition, without any termination. It is

impossible, therefore, we cou'd ever will a new obligation; and

consequently it is impossible the will cou'd ever accompany a

promise, or produce a new obligation of morality.

But, secondly, if there was any act of the mind belonging to it, it

could not naturally produce any obligation. This appears evidently

from the foregoing reasoning. A promise creates a new obligation. A new

obligation supposes new sentiments to arise. The will never creates new

sentiments. There could not naturally, therefore, arise any obligation

from a promise, even supposing the mind could fall into the absurdity of

willing that obligation.

The same truth may be proved still more evidently by that reasoning,

which proved justice in general to be an artificial virtue. No action

can be required of us as our duty, unless there be implanted in

human nature some actuating passion or motive, capable of producing

the action. This motive cannot be the sense of duty. A sense of

duty supposes an antecedent obligation: And where an action is not

required by any natural passion, it cannot be required by any natural

obligation; since it may be omitted without proving any defect or

imperfection in the mind and temper, and consequently without any vice.

Now it is evident we have no motive leading us to the performance of

promises, distinct from a sense of duty. If we thought, that promises

had no moral obligation, we never should feel any inclination to

observe them. This is not the case with the natural virtues. Though

there was no obligation to relieve the miserable, our humanity would

lead us to it; and when we omit that duty, the immorality of the

omission arises from its being a proof, that we want the natural

sentiments of humanity. A father knows it to be his duty to take care

of his children: But he has also a natural inclination to it. And if

no human creature had that inclination, no one could lie under any

such obligation. But as there is naturally no inclination to observe

promises, distinct from a sense of their obligation; it follows,

that fidelity is no natural virtue, and that promises have no force,

antecedent to human conventions.

If any one dissent from this, he must give a regular proof of these two

propositions, viz. THAT THERE IS A PECULIAR ACT OF THE MIND, ANNEXT TO

PROMISES; AND THAT CONSEQUENT TO THIS ACT OF THE MIND, THERE ARISES AN

INCLINATION TO PERFORM, DISTINCT FROM A SENSE OF DUTY. I presume, that

it is impossible to prove either of these two points; and therefore I

venture to conclude that promises are human inventions, founded on the

necessities and interests of society.

In order to discover these necessities and interests, we must consider

the same qualities of human nature, which we have already found to give

rise to the preceding laws of society. Men being naturally selfish, or

endowed only with a confined generosity, they are not easily induced to

perform any action for the interest of strangers, except with a view to

some reciprocal advantage, which they had no hope of obtaining but by

such a performance. Now as it frequently happens, that these mutual

performances cannot be finished at the same instant, it is necessary,

that one party be contented to remain in uncertainty, and depend

upon the gratitude of the other for a return of kindness. But so much

corruption is there among men, that, generally speaking, this becomes

but a slender security; and as the benefactor is here supposed to bestow

his favours with a view to self-interest, this both takes off from the

obligation, and sets an example to selfishness, which is the true mother

of ingratitude. Were we, therefore, to follow the natural course of our

passions and inclinations, we should perform but few actions for the

advantage of others, from distinterested views; because we are naturally

very limited in our kindness and affection: And we should perform as few

of that kind, out of a regard to interest; because we cannot depend upon

their gratitude. Here then is the mutual commerce of good offices in a

manner lost among mankind, and every one reduced to his own skill and

industry for his well-being and subsistence. The invention of the law of

nature, concerning the stability of possession, has already rendered

men tolerable to each other; that of the transference of property and

possession by consent has begun to render them mutually advantageous:

But still these laws of nature, however strictly observed, are not

sufficient to render them so serviceable to each other, as by nature

they are fitted to become. Though possession be stable, men may often

reap but small advantage from it, while they are possessed of a greater

quantity of any species of goods than they have occasion for, and at the

same time suffer by the want of others. The transference of property,

which is the proper remedy for this inconvenience, cannot remedy it

entirely; because it can only take place with regard to such objects as

are present and individual, but not to such as are absent or general.

One cannot transfer the property of a particular house, twenty leagues

distant; because the consent cannot be attended with delivery, which is

a requisite circumstance. Neither can one transfer the property of ten

bushels of corn, or five hogsheads of wine, by the mere expression

and consent; because these are only general terms, and have no direct

relation to any particular heap of corn, or barrels of wine. Besides,

the commerce of mankind is not confined to the barter of commodities,

but may extend to services and actions, which we may exchange to our

mutual interest and advantage. Your corn is ripe to-day; mine will be

so tomorrow. It is profitable for us both, that I should labour with

you to-day, and that you should aid me to-morrow. I have no kindness for

you, and know you have as little for me. I will not, therefore, take

any pains upon your account; and should I labour with you upon my own

account, in expectation of a return, I know I should be disappointed,

and that I should in vain depend upon your gratitude. Here then I

leave you to labour alone: You treat me in the same manner. The seasons

change; and both of us lose our harvests for want of mutual confidence

and security.

All this is the effect of the natural and inherent principles and

passions of human nature; and as these passions and principles are

inalterable, it may be thought, that our conduct, which depends on them,

must be so too, and that it would be in vain, either for moralists or

politicians, to tamper with us, or attempt to change the usual course of

our actions, with a view to public interest. And indeed, did the success

of their designs depend upon their success in correcting the selfishness

and ingratitude of men, they would never make any progress, unless aided

by omnipotence, which is alone able to new-mould the human mind, and

change its character in such fundamental articles. All they can pretend

to, is, to give a new direction to those natural passions, and teach us

that we can better satisfy our appetites in an oblique and artificial

manner, than by their headlong and impetuous motion. Hence I learn to do

a service to another, without bearing him any real kindness; because I

forsee, that he will return my service, in expectation of another of

the same kind, and in order to maintain the same correspondence of good

offices with me or with others. And accordingly, after I have served

him, and he is in possession of the advantage arising from my action,

he is induced to perform his part, as foreseeing the consequences of his

refusal.

But though this self-interested commerce of man begins to take place,

and to predominate in society, it does not entirely abolish the more

generous and noble intercourse of friendship and good offices. I may

still do services to such persons as I love, and am more particularly

acquainted with, without any prospect of advantage; and they may make me

a return in the same manner, without any view but that of recompensing

my past services. In order, therefore, to distinguish those two

different sorts of commerce, the interested and the disinterested, there

is a certain form of words invented for the former, by which we

bind ourselves to the performance of any action. This form of words

constitutes what we call a promise, which is the sanction of the

interested commerce of mankind. When a man says he promises any thing,

he in effect expresses a resolution of performing it; and along with

that, by making use of this form of words, subjects himself to the

penalty of never being trusted again in case of failure. A resolution is

the natural act of the mind, which promises express: But were there

no more than a resolution in the case, promises would only declare our

former motives, and would not create any new motive or obligation. They

are the conventions of men, which create a new motive, when experience

has taught us, that human affairs would be conducted much more for

mutual advantage, were there certain symbols or signs instituted,

by which we might give each, other security of our conduct in any

particular incident, After these signs are instituted, whoever uses them

is immediately bound by his interest to execute his engagements, and

must never expect to be trusted any more, if he refuse to perform what

he promised.

Nor is that knowledge, which is requisite to make mankind sensible

of this interest in the institution and observance of promises, to be

esteemed superior to the capacity of human nature, however savage and

uncultivated. There needs but a very little practice of the world, to

make us perceive all these consequences and advantages. The shortest

experience of society discovers them to every mortal; and when each

individual perceives the same sense of interest in all his fellows, he

immediately performs his part of any contract, as being assured, that

they will not be wanting in theirs. All of them, by concert, enter into

a scheme of actions, calculated for common benefit, and agree to be true

to their word; nor is there any thing requisite to form this concert or

convention, but that every one have a sense of interest in the faithful

fulfilling of engagements, and express that sense to other members of

the society. This immediately causes that interest to operate upon them;

and interest is the first obligation to the performance of promises.

Afterwards a sentiment of morals concurs with interest, and becomes

a new obligation upon mankind. This sentiment of morality, in the

performance of promises, arises from the same principles as that in the

abstinence from the property of others. Public interest, education, and

the artifices of politicians, have the same effect in both cases. The

difficulties, that occur to us, in supposing a moral obligation

to attend promises, we either surmount or elude. For instance; the

expression of a resolution is not commonly supposed to be obligatory;

and we cannot readily conceive how the making use of a certain form of

words should be able to cause any material difference. Here, therefore,

we feign a new act of the mind, which we call the willing an obligation;

and on this we suppose the morality to depend. But we have proved

already, that there is no such act of the mind, and consequently that

promises impose no natural obligation.

To confirm this, we may subjoin some other reflections concerning

that will, which is supposed to enter into a promise, and to cause its

obligation. It is evident, that the will alone is never supposed to

cause the obligation, but must be expressed by words or signs, in order

to impose a tye upon any man. The expression being once brought in as

subservient to the will, soon becomes the principal part of the promise;

nor will a man be less bound by his word, though he secretly give a

different direction to his intention, and with-hold himself both from

a resolution, and from willing an obligation. But though the expression

makes on most occasions the whole of the promise, yet it does not always

so; and one, who should make use of any expression, of which he knows

not the meaning, and which he uses without any intention of binding

himself, would not certainly be bound by it. Nay, though he knows its

meaning, yet if he uses it in jest only, and with such signs as shew

evidently he has no serious intention of binding himself, he would not

lie under any obligation of performance; but it is necessary, that the

words be a perfect expression of the will, without any contrary signs.

Nay, even this we must not carry so far as to imagine, that one, whom,

by our quickness of understanding, we conjecture, from certain signs,

to have an intention of deceiving us, is not bound by his expression or

verbal promise, if we accept of it; but must limit this conclusion

to those cases, where the signs are of a different kind from those

of deceit. All these contradictions are easily accounted for, if the

obligation of promises be merely a human invention for the convenience

of society; but will never be explained, if it be something real and

natural, arising from any action of the mind or body.

I shall farther observe, that since every new promise imposes a new

obligation of morality on the person who promises, and since this new

obligation arises from his will; it is one of the most mysterious and

incomprehensible operations that can possibly be imagined, and may even

be compared to TRANSUBSTANTIATION, or HOLY ORDERS,[8] where a certain

form of words, along with a certain intention, changes entirely the

nature of an external object, and even of a human nature. But though

these mysteries be so far alike, it is very remarkable, that they

differ widely in other particulars, and that this difference may be

regarded as a strong proof of the difference of their origins. As the

obligation of promises is an invention for the interest of society, it

is warped into as many different forms as that interest requires, and

even runs into direct contradictions, rather than lose sight of its

object. But as those other monstrous doctines are mere priestly

inventions, and have no public interest in view, they are less

disturbed in their progress by new obstacles; and it must be owned,

that, after the first absurdity, they follow more directly the current

of reason and good sense. Theologians clearly perceived, that the

external form of words, being mere sound, require an intention to make

them have any efficacy; and that this intention being once considered

as a requisite circumstance, its absence must equally prevent the

effect, whether avowed or concealed, whether sincere or deceitful.

Accordingly they have commonly determined, that the intention of the

priest makes the sacrament, and that when he secretly withdraws his

intention, he is highly criminal in himself; but still destroys the

baptism, or communion, or holy orders. The terrible consequences of

this doctrine were not able to hinder its taking place; as the

inconvenience of a similar doctrine, with regard to promises, have

prevented that doctrine from establishing itself. Men are always more

concerned about the present life than the future; and are apt to think

the smallest evil, which regards the former, more important than the

greatest, which regards the latter.

[8] I mean so far, as holy orders are suppos'd to produce the

indelible character. In other respects they are only a legal

qualification.

We may draw the same conclusion, concerning the origin of promises, from

the force, which is supposed to invalidate all contracts, and to free us

from their obligation. Such a principle is a proof, that promises have

no natural obligation, and are mere artificial contrivances for the

convenience and advantage of society. If we consider aright of the

matter, force is not essentially different from any other motive of hope

or fear, which may induce us to engage our word, and lay ourselves under

any obligation. A man, dangerously wounded, who promises a competent

sum to a surgeon to cure him, would certainly be bound to performance;

though the case be not so much different from that of one, who promises

a sum to a robber, as to produce so great a difference in our sentiments

of morality, if these sentiments were not built entirely on public

interest and convenience.

SECT. VI SOME FARTHER REFLECTIONS CONCERNING JUSTICE AND INJUSTICE

We have now run over the three fundamental laws of nature, that of the

stability of possession, of its transference by consent, and of the

performance of promises. It is on the strict observance of those three

laws, that the peace and security of human society entirely depend; nor

is there any possibility of establishing a good correspondence among

men, where these are neglected. Society is absolutely necessary for the

well-being of men; and these are as necessary to the support of society.

Whatever restraint they may impose on the passions of men, they are the

real offspring of those passions, and are only a more artful and more

refined way of satisfying them. Nothing is more vigilant and inventive

than our passions; and nothing is more obvious, than the convention

for the observance of these rules. Nature has, therefore, trusted this

affair entirely to the conduct of men, and has not placed in the mind

any peculiar original principles, to determine us to a set of actions,

into which the other principles of our frame and constitution were

sufficient to lead us. And to convince us the more fully of this truth,

we may here stop a moment, and from a review of the preceding reasonings

may draw some new arguments, to prove that those laws, however

necessary, are entirely artificial, and of human invention; and

consequently that justice is an artificial, and not a natural virtue.

(1) The first argument I shall make use of is derived from the vulgar

definition of justice. Justice is commonly defined to be a constant and

perpetual will of giving every one his due. In this definition it is

supposed, that there are such things as right and property, independent

of justice, and antecedent to it; and that they would have subsisted,

though men had never dreamt of practising such a virtue. I have already

observed, in a cursory manner, the fallacy of this opinion, and shall

here continue to open up a little more distinctly my sentiments on that

subject.

I shall begin with observing, that this quality, which we shall call

property, is like many of the imaginary qualities of the peripatetic

philosophy, and vanishes upon a more accurate inspection into the

subject, when considered a-part from our moral sentiments. It is evident

property does not consist in any of the sensible qualities of the

object. For these may continue invariably the same, while the property

changes. Property, therefore, must consist in some relation of the

object. But it is not in its relation with regard to other external

and inanimate objects. For these may also continue invariably the same,

while the property changes. This quality, therefore, consists in the

relations of objects to intelligent and rational beings. But it is

not the external and corporeal relation, which forms the essence of

property. For that relation may be the same betwixt inanimate objects,

or with regard to brute creatures; though in those cases it forms no

property. It is, therefore, in some internal relation, that the property

consists; that is, in some influence, which the external relations of

the object have on the mind and actions. Thus the external relation,

which we call occupation or first possession, is not of itself imagined

to be the property of the object, but only to cause its property. Now it

is evident, this external relation causes nothing in external objects,

and has only an influence on the mind, by giving us a sense of duty in

abstaining from that object, and in restoring it to the first possessor.

These actions are properly what we call justice; and consequently it is

on that virtue that the nature of property depends, and not the virtue

on the property.

If any one, therefore, would assert, that justice is a natural virtue,

and injustice a natural vice, he must assert, that abstracting from the

nations of property, and right and obligation, a certain conduct

and train of actions, in certain external relations of objects, has

naturally a moral beauty or deformity, and causes an original pleasure

or uneasiness. Thus the restoring a man's goods to him is considered as

virtuous, not because nature has annexed a certain sentiment of pleasure

to such a conduct, with regard to the property of others, but because

she has annexed that sentiment to such a conduct, with regard to those

external objects, of which others have had the first or long possession,

or which they have received by the consent of those, who have had first

or long possession. If nature has given us no such sentiment, there is

not, naturally, nor antecedent to human conventions, any such thing as

property. Now, though it seems sufficiently evident, in this dry and

accurate consideration of the present subject, that nature has annexed

no pleasure or sentiment of approbation to such a conduct; yet that I

may leave as little room for doubt as possible, I shall subjoin a few

more arguments to confirm my opinion.

First, If nature had given us a pleasure of this kind, it would have

been as evident and discernible as on every other occasion; nor should

we have found any difficulty to perceive, that the consideration of such

actions, in such a situation, gives a certain pleasure and sentiment of

approbation. We should not have been obliged to have recourse to notions

of property in the definition of justice, and at the same time make use

of the notions of justice in the definition of property. This deceitful

method of reasoning is a plain proof, that there are contained in the

subject some obscurities and difficulties, which we are not able to

surmount, and which we desire to evade by this artifice.

Secondly, Those rules, by which properties, rights, and obligations

are determined, have in them no marks of a natural origin but many of

artifice and contrivance. They are too numerous to have proceeded from

nature: They are changeable by human laws: And have all of them a direct

and evident tendency to public good, and the support, of civil society.

This last circumstance is remarkable upon two accounts. First, because,

though the cause of the establishment of these laws had been a regard

for the public good, as much as the public good is their natural

tendency, they would still have been artificial, as being purposely

contrived and directed to a certain end. Secondly, because, if men had

been endowed with such a strong regard for public good, they would never

have restrained themselves by these rules; so that the laws of justice

arise from natural principles in a manner still more oblique and

artificial. It is self-love which is their real origin; and as the

self-love of one person is naturally contrary to that of another, these

several interested passions are obliged to adjust themselves after such

a manner as to concur in some system of conduct and behaviour. This

system, therefore, comprehending the interest of each individual, is of

course advantageous to the public; though it be not intended for that

purpose by die inventors.

(2) In the second place we may observe, that all kinds of vice and

virtue run insensibly into each other, and may approach by such

imperceptible degrees as will make it very difficult, if not absolutely

impossible, to determine when the one ends, and the other begins; and

from this observation we may derive a new argument for the foregoing

principle. For whatever may be the case, with regard to all kinds

of vice and virtue, it is certain, that rights, and obligations, and

property, admit of no such insensible gradation, but that a man either

has a full and perfect property, or none at all; and is either entirely

obliged to perform any action, or lies under no manner of obligation.

However civil laws may talk of a perfect dominion, and of an imperfect,

it is easy to observe, that this arises from a fiction, which has no

foundation in reason, and can never enter into our notions of natural

justice and equity. A man that hires a horse, though but for a day, has

as full a right to make use of it for that time, as he whom we call its

proprietor has to make use of it any other day; and it was evident, that

however the use may be bounded in time or degree, the right itself is

not susceptible of any such gradation, but is absolute and entire, so

far as it extends. Accordingly we may observe, that this right both

arises and perishes in an instant; and that a man entirely acquires the

property of any object by occupation, or the consent of the proprietor;

and loses it by his own consent; without any of that insensible

gradation, which is remarkable in other qualities and relations, Since,

therefore, this is die case with regard to property, and rights, and

obligations, I ask, how it stands with regard to justice and

injustice? After whatever manner you answer this question, you run into

inextricable difficulties. If you reply, that justice and injustice

admit of degree, and run insensibly into each other, you expressly

contradict the foregoing position, that obligation and property are not

susceptible of such a gradation. These depend entirely upon justice and

injustice, and follow them in all their variations. Where the justice is

entire, the property is also entire: Where the justice is imperfect, the

property must also be imperfect And vice versa, if the property admit of

no such variations, they must also be incompatible with justice. If you

assent, therefore, to this last proposition, and assert, that justice

and injustice are not susceptible of degrees, you in effect assert,

that they are not naturally either vicious or virtuous; since vice

and virtue, moral good and evil, and indeed all natural qualities,

run insensibly into each other, and are, on many occasions,

undistinguishable.

And here it may be worth while to observe, that though abstract

reasoning, and the general maxims of philosophy and law establish this

position, that property, and right, and obligation admit not of

degrees, yet in our common and negligent way of thinking, we find great

difficulty to entertain that opinion, and do even secretly embrace the

contrary principle. An object must either be in the possession of

one person or another. An action must either be performed or not. The

necessity there is of choosing one side in these dilemmas, and the

impossibility there often is of finding any just medium, oblige us,

when we reflect on the matter, to acknowledge, that all property and

obligations are entire. But on the other hand, when we consider the

origin of property and obligation, and find that they depend on public

utility, and sometimes on the propensities of the imagination, which are

seldom entire on any side; we are naturally inclined to imagine, that

these moral relations admit of an insensible gradation. Hence it is,

that in references, where the consent of the parties leave the referees

entire masters of the subject, they commonly discover so much equity and

justice on both sides, as induces them to strike a medium, and divide

the difference betwixt the parties. Civil judges, who have not this

liberty, but are obliged to give a decisive sentence on some one side,

are often at a loss how to determine, and are necessitated to proceed

on the most frivolous reasons in the world. Half rights and obligations,

which seem so natural in common life, are perfect absurdities in their

tribunal; for which reason they are often obliged to take half arguments

for whole ones, in order to terminate the affair one way or other.

(3) The third argument of this kind I shall make use of may be explained

thus. If we consider the ordinary course of human actions, we shall

find, that the mind restrains not itself by any general and universal

rules; but acts on most occasions as it is determined by its present

motives and inclination. As each action is a particular individual

event, it must proceed from particular principles, and from our

immediate situation within ourselves, and with respect to the rest of

the universe. If on some occasions we extend our motives beyond those

very circumstances, which gave rise to them, and form something like

general rules for our conduct, it is easy to observe, that these rules

are not perfectly inflexible, but allow of many exceptions. Since,

therefore, this is the ordinary course of human actions, we may

conclude, that the laws of justice, being universal and perfectly

inflexible, can never be derived from nature, nor be the immediate

offspring of any natural motive or inclination. No action can be either

morally good or evil, unless there be some natural passion or motive

to impel us to it, or deter us from it; and it is evident, that die

morality must be susceptible of all the same variations, which are

natural to the passion. Here are two persons, who dispute for an estate;

of whom one is rich, a fool, and a batchelor; the other poor, a man of

sense, and has a numerous family: The first is my enemy; the second

my friend. Whether I be actuated in this affair by a view to public or

private interest, by friendship or enmity, I must be induced to do my

utmost to procure the estate to the latter. Nor would any consideration

of the right and property of the persons be able to restrain me, were I

actuated only by natural motives, without any combination or convention

with others. For as all property depends on morality; and as all

morality depends on the ordinary course of our passions and actions; and

as these again are only directed by particular motives; it is evident,

such a partial conduct must be suitable to the strictest morality, and

could never be a violation of property. Were men, therefore, to take

the liberty of acting with regard to the laws of society, as they do in

every other affair, they would conduct themselves, on most occasions, by

particular judgments, and would take into consideration the characters

and circumstances of the persons, as well as the general nature of the

question. But it is easy to observe, that this would produce an infinite

confusion in human society, and that the avidity and partiality of men

would quickly bring disorder into the world, if not restrained by some

general and inflexible principles. Twas, therefore, with a view to this

inconvenience, that men have established those principles, and have

agreed to restrain themselves by general rules, which are unchangeable

by spite and favour, and by particular views of private or public

interest. These rules, then, are artificially invented for a certain

purpose, and are contrary to the common principles of human nature,

which accommodate themselves to circumstances, and have no stated

invariable method of operation.

Nor do I perceive how I can easily be mistaken in this matter. I see

evidently, that when any man imposes on himself general inflexible

rules in his conduct with others, he considers certain objects as

their property, which he supposes to be sacred and inviolable. But

no proposition can be more evident, than that property is perfectly

unintelligible without first supposing justice and injustice; and that

these virtues and vices are as unintelligible, unless we have motives,

independent of the morality, to impel us to just actions, and deter us

from unjust ones. Let those motives, therefore, be what they will, they

must accommodate themselves to circumstances, and must admit of all the

variations, which human affairs, in their incessant revolutions, are

susceptible of. They are consequently a very improper foundation for

such rigid inflexible rules as the laws of nature; and it is evident

these laws can only be derived from human conventions, when men have

perceived the disorders that result from following their natural and

variable principles.

Upon the whole, then, we are to consider this distinction betwixt

justice and injustice, as having two different foundations, viz, that

of interest, when men observe, that it is impossible to live in society

without restraining themselves by certain rules; and that of morality,

when this interest is once observed and men receive a pleasure from the

view of such actions as tend to the peace of society, and an uneasiness

from such as are contrary to it. It is the voluntary convention

and artifice of men, which makes the first interest take place;

and therefore those laws of justice are so far to be considered as

artificial. After that interest is once established and acknowledged, the

sense of morality in the observance of these rules follows naturally,

and of itself; though it is certain, that it is also augmented by a

new artifice, and that the public instructions of politicians, and the

private education of parents, contribute to the giving us a sense of

honour and duty in the strict regulation of our actions with regard to

the properties of others.

SECT. VII OF THE ORIGIN OF GOVERNMENT

Nothing is more certain, than that men are, in a great measure, governed

by interest, and that even when they extend their concern beyond

themselves, it is not to any great distance; nor is it usual for

them, in common life, to look farther than their nearest friends and

acquaintance. It is no less certain, that it is impossible for men to

consult, their interest in so effectual a manner, as by an universal and

inflexible observance of the rules of justice, by which alone they can

preserve society, and keep themselves from falling into that wretched

and savage condition, which is commonly represented as the state of

nature. And as this interest, which all men have in the upholding of

society, and the observation of the rules of justice, is great, so is

it palpable and evident, even to the most rude and uncultivated of human

race; and it is almost impossible for any one, who has had experience of

society, to be mistaken in this particular. Since, therefore, men are

so sincerely attached to their interest, and their interest is so much

concerned in the observance of justice, and this interest is so certain

and avowed; it may be asked, how any disorder can ever arise in

society, and what principle there is in human nature so powerful as to

overcome so strong a passion, or so violent as to obscure so clear a

knowledge?

It has been observed, in treating of the passions, that men are mightily

governed by the imagination, and proportion their affections more to

the light, under which any object appears to them, than to its real and

intrinsic value. What strikes upon them with a strong and lively idea

commonly prevails above what lies in a more obscure light; and it

must be a great superiority of value, that is able to compensate this

advantage. Now as every thing, that is contiguous to us, either in space

or time, strikes upon us with such an idea, it has a proportional effect

on the will and passions, and commonly operates with more force than any

object, that lies in a more distant and obscure light. Though we may be

fully convinced, that the latter object excels the former, we are

not able to regulate our actions by this judgment; but yield to the

sollicitations of our passions, which always plead in favour of whatever

is near and contiguous.

This is the reason why men so often act in contradiction to their known

interest; and in particular why they prefer any trivial advantage,

that is present, to the maintenance of order in society, which so much

depends on the observance of justice. The consequences of every breach

of equity seem to lie very remote, and are not able to counter-ballance

any immediate advantage, that may be reaped from it. They are, however,

never the less real for being remote; and as all men are, in some

degree, subject to the same weakness, it necessarily happens, that

the violations of equity must become very frequent in society, and

the commerce of men, by that means, be rendered very dangerous and

uncertain. You have the same propension, that I have, in favour of

what is contiguous above what is remote. You are, therefore, naturally

carried to commit acts of injustice as well as me. Your example both

pushes me forward in this way by imitation, and also affords me a new

reason for any breach of equity, by shewing me, that I should be the

cully of my integrity, if I alone should impose on myself a severe

restraint amidst the licentiousness of others.

This quality, therefore, of human nature, not only is very dangerous

to society, but also seems, on a cursory view, to be incapable of any

remedy. The remedy can only come from the consent of men; and if men be

incapable of themselves to prefer remote to contiguous, they will never

consent to any thing, which would oblige them to such a choice, and

contradict, in so sensible a manner, their natural principles and

propensities. Whoever chuses the means, chuses also the end; and if it

be impossible for us to prefer what is remote, it is equally impossible

for us to submit to any necessity, which would oblige us to such a

method of acting.

But here it is observable, that this infirmity of human nature becomes

a remedy to itself, and that we provide against our negligence about

remote objects, merely because we are naturally inclined to that

negligence. When we consider any objects at a distance, all their minute

distinctions vanish, and we always give the preference to whatever is in

itself preferable, without considering its situation and circumstances.

This gives rise to what in an improper sense we call reason, which is

a principle, that is often contradictory to those propensities that

display themselves upon the approach of the object. In reflecting on any

action, which I am to perform a twelve-month hence, I always resolve to

prefer the greater good, whether at that time it will be more contiguous

or remote; nor does any difference in that particular make a difference

in my present intentions and resolutions. My distance from the final

determination makes all those minute differences vanish, nor am I

affected by any thing, but the general and more discernible qualities of

good and evil. But on my nearer approach, those circumstances, which

I at first over-looked, begin to appear, and have an influence on my

conduct and affections. A new inclination to the present good springs

up, and makes it difficult for me to adhere inflexibly to my first

purpose and resolution. This natural infirmity I may very much regret,

and I may endeavour, by all possible means, to free my self from it. I

may have recourse to study and reflection within myself; to the advice

of friends; to frequent meditation, and repeated resolution: And having

experienced how ineffectual all these are, I may embrace with pleasure

any other expedient, by which I may impose a restraint upon myself, and

guard against this weakness.

The only difficulty, therefore, is to find out this expedient, by which

men cure their natural weakness, and lay themselves under the necessity

of observing the laws of justice and equity, notwithstanding their

violent propension to prefer contiguous to remote. It is evident such a

remedy can never be effectual without correcting this propensity; and as

it is impossible to change or correct any thing material in our nature,

the utmost we can do is to change our circumstances and situation, and

render the observance of the laws of justice our nearest interest,

and their violation our most remote. But this being impracticable with

respect to all mankind, it can only take place with respect to a few,

whom we thus immediately interest in the execution of justice. There are

the persons, whom we call civil magistrates, kings and their ministers,

our governors and rulers, who being indifferent persons to the greatest

part of the state, have no interest, or but a remote one, in any act of

injustice; and being satisfied with their present condition, and with

their part in society, have an immediate interest in every execution of

justice, which is so necessary to the upholding of society. Here then is

the origin of civil government and society. Men are not able radically

to cure, either in themselves or others, that narrowness of soul, which

makes them prefer the present to the remote. They cannot change their

natures. All they can do is to change their situation, and render the

observance of justice the immediate interest of some particular persons,

and its violation their more remote. These persons, then, are not

only induced to observe those rules in their own conduct, but also

to constrain others to a like regularity, and inforce the dictates of

equity through the whole society. And if it be necessary, they may also

interest others more immediately in the execution of justice, and

create a number of officers, civil and military, to assist them in their

government.

But this execution of justice, though the principal, is not the only

advantage of government. As violent passion hinder men from seeing

distinctly the interest they have in an equitable behaviour towards

others; so it hinders them from seeing that equity itself, and gives

them a remarkable partiality in their own favours. This inconvenience is

corrected in the same manner as that above-mentioned. The same persons,

who execute the laws of justice, will also decide all controversies

concerning them; and being indifferent to the greatest part of the

society, will decide them more equitably than every one would in his own

case.

By means of these two advantages, in the execution and decision of

justice, men acquire a security against each others weakness and

passion, as well as against their own, and under the shelter of their

governors, begin to taste at ease the sweets of society and mutual

assistance. But government extends farther its beneficial influence; and

not contented to protect men in those conventions they make for their

mutual interest, it often obliges them to make such conventions, and

forces them to seek their own advantage, by a concurrence in some common

end or purpose. There is no quality in human nature, which causes more

fatal errors in our conduct, than that which leads us to prefer whatever

is present to the distant and remote, and makes us desire objects more

according to their situation than their intrinsic value. Two neighbours

may agree to drain a meadow, which they possess in common; because it is

easy for them to know each others mind; and each must perceive, that the

immediate consequence of his failing in his part, is, the abandoning the

whole project. But it is very difficult, and indeed impossible, that a

thousand persons should agree in any such action; it being difficult for

them to concert so complicated a design, and still more difficult for

them to execute it; while each seeks a pretext to free himself of the

trouble and expence, and would lay the whole burden on others. Political

society easily remedies both these inconveniences. Magistrates find an

immediate interest in the interest of any considerable part of their

subjects. They need consult no body but themselves to form any scheme

for the promoting of that interest. And as the failure of any one piece

in the execution is connected, though not immediately, with the failure

of the whole, they prevent that failure, because they find no interest

in it, either immediate or remote. Thus bridges are built; harbours

opened; ramparts raised; canals formed; fleets equiped; and armies

disciplined every where, by the care of government, which, though

composed of men subject to all human infirmities, becomes, by one of the

finest and most subtle inventions imaginable, a composition, which is,

in some measure, exempted from all these infirmities.

SECT. VIII OF THE SOURCE OF ALLEGIANCE

Though government be an invention very advantageous, and even in some

circumstances absolutely necessary to mankind; it is not necessary in

all circumstances, nor is it impossible for men to preserve society

for some time, without having recourse to such an invention. Men, it is

true, are always much inclined to prefer present interest to distant

and remote; nor is it easy for them to resist the temptation of any

advantage, that they may immediately enjoy, in apprehension of an evil

that lies at a distance from them: But still this weakness is less

conspicuous where the possessions, and the pleasures of life are few,

and of little value, as they always are in the infancy of society. An

Indian is but little tempted to dispossess another of his hut, or to

steal his bow, as being already provided of the same advantages; and as

to any superior fortune, which may attend one above another in hunting

and fishing, it is only casual and temporary, and will have but small

tendency to disturb society. And so far am I from thinking with

some philosophers, that men are utterly incapable of society without

government, that I assert the first rudiments of government to arise

from quarrels, not among men of the same society, but among those of

different societies. A less degree of riches will suffice to this latter

effect, than is requisite for the former. Men fear nothing from public

war and violence but the resistance they meet with, which, because

they share it in common, seems less terrible; and because it comes from

strangers, seems less pernicious in its consequences, than when they are

exposed singly against one whose commerce is advantageous to them, and

without whose society it is impossible they can subsist. Now foreign war

to a society without government necessarily produces civil war. Throw

any considerable goods among men, they instantly fall a quarrelling,

while each strives to get possession of what pleases him, without regard

to the consequences. In a foreign war the most considerable of all

goods, life and limbs, are at stake; and as every one shuns dangerous

ports, seizes the best arms, seeks excuse for the slightest wounds, the

laws, which may be well enough observed while men were calm, can now no

longer take place, when they are in such commotion.

This we find verified in the American tribes, where men live in concord

and amity among themselves without any established government and never

pay submission to any of their fellows, except in time of war, when

their captain enjoys a shadow of authority, which he loses after

their return from the field, and the establishment of peace with the

neighbouring tribes. This authority, however, instructs them in the

advantages of government, and teaches them to have recourse to it,

when either by the pillage of war, by commerce, or by any fortuitous

inventions, their riches and possessions have become so considerable as

to make them forget, on every emergence, the interest they have in the

preservation of peace and justice. Hence we may give a plausible reason,

among others, why all governments are at first monarchical, without any

mixture and variety; and why republics arise only from the abuses of

monarchy and despotic power. Camps are the true mothers of cities; and

as war cannot be administered, by reason of the suddenness of every

exigency, without some authority in a single person, the same kind of

authority naturally takes place in that civil government, which succeeds

the military. And this reason I take to be more natural, than the common

one derived from patriarchal government, or the authority of a father,

which is said first to take place in one family, and to accustom the

members of it to the government of a single person. The state of society

without government is one of the most natural states of men, and must

submit with the conjunction of many families, and long after the first

generation. Nothing but an encrease of riches and possessions could

oblige men to quit it; and so barbarous and uninstructed are all

societies on their first formation, that many years must elapse before

these can encrease to such a degree, as to disturb men in the enjoyment

of peace and concord. But though it be possible for men to maintain a

small uncultivated society without government, it is impossible

they should maintain a society of any kind without justice, and the

observance of those three fundamental laws concerning the stability of

possession, its translation by consent, and the performance of promises.

These are, therefore, antecedent to government, and are supposed to

impose an obligation before the duty of allegiance to civil magistrates

has once been thought of. Nay, I shall go farther, and assert, that

government, upon its first establishment, would naturally be supposed.

to derive its obligation from those laws of nature, and, in particular,

from that concerning the performance of promises. When men have once

perceived the necessity of government to maintain peace, and

execute justice, they would naturally assemble together, would chuse

magistrates, determine power, and promise them obedience. As a promise

is supposed to be a bond or security already in use, and attended with

a moral obligation, it is to be considered as the original sanction of

government, and as the source of the first obligation to obedience. This

reasoning appears so natural, that it has become the foundation of our

fashionable system of politics, and is in a manner the creed of a party

amongst us, who pride themselves, with reason, on the soundness of their

philosophy, and their liberty of thought. All men, say they, are born

free and equal: Government and superiority can only be established by

consent: The consent of men, in establishing government, imposes on them

a new obligation, unknown to the laws of nature. Men, therefore, are

bound to obey their magistrates, only because they promise it; and if

they had not given their word, either expressly or tacitly, to preserve

allegiance, it would never have become a part of their moral duty. This

conclusion, however, when carried so far as to comprehend government in

all its ages and situations, is entirely erroneous; and I maintain, that

though the duty of allegiance be at first grafted on the obligation

of promises, and be for some time supported by that obligation, yet

it quickly takes root of itself, and has an original obligation and

authority, independent of all contracts. This is a principle of moment,

which we must examine with care and attention, before we proceed any

farther.

It is reasonable for those philosophers, who assert justice to be a

natural virtue, and antecedent to human conventions, to resolve all

civil allegiance into the obligation of a promise, and assert that it is

our own consent alone, which binds us to any submission to magistracy.

For as all government is plainly an invention of men, and the origin of

most governments is known in history, it is necessary to mount higher,

in order to find the source of our political duties, if we would assert

them to have any natural obligation of morality. These philosophers,

therefore, quickly observe, that society is as antient as the human

species, and those three fundamental laws of nature as antient as

society: So that taking advantage of the antiquity, and obscure origin

of these laws, they first deny them to be artificial and voluntary

inventions of men, and then seek to ingraft on them those other duties,

which are more plainly artificial. But being once undeceived in this

particular, and having found that natural, as well as civil justice,

derives its origin from human conventions, we shall quickly perceive,

how fruitless it is to resolve the one into the other, and seek, in

the laws of nature, a stronger foundation for our political duties than

interest, and human conventions; while these laws themselves are built

on the very same foundation. On which ever side we turn this subject,

we shall find, that these two kinds of duty are exactly on the same

footing, and have the same source both of their first invention and

moral obligation. They are contrived to remedy like inconveniences, and

acquire their moral sanction in the same manner, from their remedying

those inconveniences. These are two points, which we shall endeavour to

prove as distinctly as possible.

We have already shewn, that men invented the three fundamental laws of

nature, when they observed the necessity of society to their mutual

subsistance, and found, that it was impossible to maintain any

correspondence together, without some restraint on their natural

appetites. The same self-love, therefore, which renders men so

incommodious to each other, taking a new and more convenient direction,

produces the rules of justice, and is the first motive of their

observance. But when men have observed, that though the rules of

justice be sufficient to maintain any society, yet it is impossible for

them, of themselves, to observe those rules, in large and polished

societies; they establish government, as a new invention to attain

their ends, and preserve the old, or procure new advantages, by a more

strict execution of justice. So far, therefore, our civil duties are

connected with our natural, that the former are invented chiefly for

the sake of the latter; and that the principal object of government is

to constrain men to observe the laws of nature. In this respect,

however, that law of nature, concerning the performance of promises, is

only comprized along with the rest; and its exact observance is to be

considered as an effect of the institution of government, and not the

obedience to government as an effect of the obligation of a promise.

Though the object of our civil duties be the enforcing of our natural,

yet the first[9] motive of the invention, as well as performance of

both, is nothing but self-interest: and since there is a separate

interest in the obedience to government, from that in the performance

of promises, we must also allow of a separate obligation. To obey the

civil magistrate is requisite to preserve order and concord in society.

To perform promises is requisite to beget mutual trust and confidence

in the common offices of life. The ends, as well as the means, are

perfectly distinct; nor is the one subordinate to the other.

[9] First in time, not in dignity or force.

To make this more evident, let us consider, that men will often bind

themselves by promises to the performance of what it would have been

their interest to perform, independent of these promises; as when they

would give others a fuller security, by super-adding a new obligation

of interest to that which they formerly lay under. The interest in

the performance of promises, besides its moral obligation, is general,

avowed, and of the last consequence in life. Other interests may be

more particular and doubtful; and we are apt to entertain a greater

suspicion, that men may indulge their humour, or passion, in acting

contrary to them. Here, therefore, promises come naturally in play, and

are often required for fuller satisfaction and security. But supposing

those other interests to be as general and avowed as the interest in the

performance of a promise, they will be regarded as on the same footing,

and men will begin to repose the same confidence in them. Now this is

exactly the case with regard to our civil duties, or obedience to the

magistrate; without which no government could subsist, nor any peace

or order be maintained in large societies, where there are so many

possessions on the one hand, and so many wants, real or imaginary, on

the other. Our civil duties, therefore, must soon detach themselves from

our promises, and acquire a separate force and influence. The interest

in both is of the very same kind: It is general, avowed, and prevails in

all times and places. There is, then, no pretext of reason for founding

the one upon the other; while each of them has a foundation peculiar

to itself. We might as well resolve the obligation to abstain from the

possessions of others, into the obligation of a promise, as that of

allegiance. The interests are not more distinct in the one case than the

other. A regard to property is not more necessary to natural society,

than obedience is to civil society or government; nor is the former

society more necessary to the being of mankind, than the latter to their

well-being and happiness. In short, if the performance of promises be

advantageous, so is obedience to government: If the former interest be

general, so is the latter: If the one interest be obvious and avowed, so

is the other. And as these two rules are founded on like obligations of

interest, each of them must have a peculiar authority, independent of

the other.

But it is not only the natural obligations of interest, which are

distinct in promises and allegiance; but also the moral obligations of

honour and conscience: Nor does the merit or demerit of the one depend

in the least upon that of the other. And indeed, if we consider the

close connexion there is betwixt the natural and moral obligations, we

shall find this conclusion to be entirely unavoidable. Our interest

is always engaged on the side of obedience to magistracy; and there is

nothing but a great present advantage, that can lead us to rebellion, by

making us over-look the remote interest, which we have in the preserving

of peace and order in society. But though a present interest may thus

blind us with regard to our own actions, it takes not place with regard

to those of others; nor hinders them from appearing in their true

colours, as highly prejudicial to public interest, and to our own in

particular. This naturally gives us an uneasiness, in considering such

seditious and disloyal actions, and makes us attach to them the idea of

vice and moral deformity. It is the same principle, which causes us to

disapprove of all kinds of private injustice, and in particular of the

breach of promises. We blame all treachery and breach of faith; because

we consider, that the freedom and extent of human commerce depend

entirely on a fidelity with regard to promises. We blame all disloyalty

to magistrates; because we perceive, that the execution of justice,

in the stability of possession, its translation by consent, and

the performance of promises, is impossible, without submission to

government. As there are here two interests entirely distinct from each

other, they must give rise to two moral obligations, equally separate

and independent. Though there was no such thing as a promise in the

world, government would still be necessary in all large and civilized

societies; and if promises had only their own proper obligation, without

the separate sanction of government, they would have but little efficacy

in such societies. This separates the boundaries of our public and

private duties, and shews that the latter are more dependant on the

former, than the former on the latter. Education, and the artifice of

politicians, concur to bestow a farther morality on loyalty, and to

brand all rebellion with a greater degree of guilt and infamy. Nor is

it a wonder, that politicians should be very industrious in inculcating

such notions, where their interest is so particularly concerned.

Lest those arguments should not appear entirely conclusive (as I think

they are) I shall have recourse to authority, and shall prove, from the

universal consent of mankind, that the obligation of submission to

government is not derived from any promise of the subjects. Nor need

any one wonder, that though I have all along endeavoured to establish

my system on pure reason, and have scarce ever cited the judgment even

of philosophers or historians on any article, I should now appeal to

popular authority, and oppose the sentiments of the rabble to any

philosophical reasoning. For it must be observed, that the opinions of

men, in this case, carry with them a peculiar authority, and are, in a

great measure, infallible. The distinction of moral good and evil is

founded on the pleasure or pain, which results from the view of any

sentiment, or character; and as that pleasure or pain cannot be unknown

to the person who feels it, it follows,[10] that there is just so much

vice or virtue in any character, as every one places in it, and that it

is impossible in this particular we can ever be mistaken. And though

our judgments concerning the origin of any vice or virtue, be not so

certain as those concerning their degrees; yet, since the question in

this case regards not any philosophical origin of an obligation, but a

plain matter of fact, it is not easily conceived how we can fall into

an error. A man, who acknowledges himself to be bound to another, for a

certain sum, must certainly know whether it be by his own bond, or that

of his father; whether it be of his mere good-will, or for money lent

him; and under what conditions, and for what purposes he has bound

himself. In like manner, it being certain, that there is a moral

obligation to submit to government, because every one thinks so; it

must be as certain, that this obligation arises not from a promise;

since no one, whose judgment has not been led astray by too strict

adherence to a system of philosophy, has ever yet dreamt of ascribing

it to that origin. Neither magistrates nor subjects have formed this

idea of our civil duties.

[10] This proposition must hold strictly true, with regard to every

quality, that is determin'd merely by sentiment. In what sense we

can talk either of a right or a wrong taste in morals, eloquence,

or beauty, shall be considerd afterwards. In the mean time, it may

be observ'd, that there is such an uniformity in the GENERAL

sentiments of mankind, as to render such questions of but small

importance.

We find, that magistrates are so far from deriving their authority, and

the obligation to obedience in their subjects, from the foundation of

a promise or original contract, that they conceal, as far as possible,

from their people, especially from the vulgar, that they have their

origin from thence. Were this the sanction of government, our rulers

would never receive it tacitly, which is the utmost that can be

pretended; since what is given tacitly and insensibly can never have

such influence on mankind, as what is performed expressly and openly.

A tacit promise is, where the will is signified by other more diffuse

signs than those of speech; but a will there must certainly be in the

case, and that can never escape the person's notice, who exerted it,

however silent or tacit. But were you to ask the far greatest part of

the nation, whether they had ever consented to the authority of their

rulers, or promised to obey them, they would be inclined to think very

strangely of you; and would certainly reply, that the affair depended

not on their consent, but that they were born to such an obedience. In

consequence of this opinion, we frequently see them imagine such persons

to be their natural rulers, as are at that time deprived of all power

and authority, and whom no man, however foolish, would voluntarily

chuse; and this merely because they are in that line, which ruled

before, and in that degree of it, which used to succeed; though perhaps

in so distant a period, that scarce any man alive could ever have given

any promise of obedience. Has a government, then, no authority over such

as these, because they never consented to it, and would esteem the very

attempt of such a free choice a piece of arrogance and impiety? We

find by experience, that it punishes them very freely for what it

calls treason and rebellion, which, it seems, according to this system,

reduces itself to common injustice. If you say, that by dwelling in its

dominions, they in effect consented to the established government; I

answer, that this can only be, where they think the affair depends on

their choice, which few or none, beside those philosophers, have ever

yet imagined. It never was pleaded as an excuse for a rebel, that the

first act he performed, after he came to years of discretion, was to

levy war against the sovereign of the state; and that while he was a

child he could not bind himself by his own consent, and having become

a man, showed plainly, by the first act he performed, that he had no

design to impose on himself any obligation to obedience. We find, on

the contrary, that civil laws punish this crime at the same age as any

other, which is criminal, of itself, without our consent; that is, when

the person is come to the full use of reason: Whereas to this crime

they ought in justice to allow some intermediate time, in which a tacit

consent at least might be supposed. To which we may add, that a man

living under an absolute government, would owe it no allegiance; since,

by its very nature, it depends not on consent. But as that is as

natural and common a government as any, it must certainly occasion some

obligation; and it is plain from experience, that men, who are subjected

to it, do always think so. This is a clear proof, that we do not

commonly esteem our allegiance to be derived from our consent or

promise; and a farther proof is, that when our promise is upon any

account expressly engaged, we always distinguish exactly betwixt the two

obligations, and believe the one to add more force to the other, than in

a repetition of the same promise. Where no promise is given, a man

looks not on his faith as broken in private matters, upon account of

rebellion; but keeps those two duties of honour and allegiance perfectly

distinct and separate. As the uniting of them was thought by these

philosophers a very subtile invention, this is a convincing proof, that

it is not a true one; since no man can either give a promise, or be

restrained by its sanction and obligation unknown to himself.

SECT. IX OF THE MEASURES OF ALLEGIANCE

Those political writers, who have had recourse to a promise, or original

contract, as the source of our allegiance to government, intended to

establish a principle, which is perfectly just and reasonable; though

the reasoning, upon which they endeavoured to establish it, was

fallacious and sophistical. They would prove, that our submission to

government admits of exceptions, and that an egregious tyranny in the

rulers is sufficient to free the subjects from all ties of allegiance.

Since men enter into society, say they, and submit themselves to

government, by their free and voluntary consent, they must have in view

certain advantages, which they propose to reap from it, and for which

they are contented to resign their native liberty. There is, therefore,

something mutual engaged on the part of the magistrate, viz, protection

and security; and it is only by the hopes he affords of these

advantages, that he can ever persuade men to submit to him. But

when instead of protection and security, they meet with tyranny and

oppression, they are freed from their promises, (as happens in all

conditional contracts) and return to that state of liberty, which

preceded the institution of government. Men would never be so foolish as

to enter into such engagements as should turn entirely to the advantage

of others, without any view of bettering their own condition. Whoever

proposes to draw any profit from our submission, must engage himself,

either expressly or tacitly, to make us reap some advantage from his

authority; nor ought he to expect, that without the performance of his

part we will ever continue in obedience.

I repeat it: This conclusion is just, though the principles be

erroneous; and I flatter myself, that I can establish the same

conclusion on more reasonable principles. I shall not take such a

compass, in establishing our political duties, as to assert, that men

perceive the advantages of government; that they institute government

with a view to those advantages; that this institution requires a

promise of obedience; which imposes a moral obligation to a certain

degree, but being conditional, ceases to be binding, whenever the other

contracting party performs not his part of the engagement. I perceive,

that a promise itself arises entirely from human conventions, and is

invented with a view to a certain interest. I seek, therefore, some such

interest more immediately connected with government, and which may be

at once the original motive to its institution, and the source of our

obedience to it. This interest I find to consist in the security and

protection, which we enjoy in political society, and which we can never

attain, when perfectly free and independent. As interest, therefore, is

the immediate sanction of government, the one can have no longer being

than the other; and whenever the civil magistrate carries his oppression

so far as to render his authority perfectly intolerable, we are no

longer bound to submit to it. The cause ceases; the effect must cease

also.

So far the conclusion is immediate and direct, concerning the natural

obligation which we have to allegiance. As to the moral obligation, we

may observe, that the maxim would here be false, that when the cause

ceases, the effect must cease also. For there is a principle of human

nature, which we have frequently taken notice of, that men are mightily

addicted to general rules, and that we often carry our maxims beyond

those reasons, which first induced us to establish them. Where cases

are similar in many circumstances, we are apt to put them on the same

footing, without considering, that they differ in the most material

circumstances, and that the resemblance is more apparent than real. It

may, therefore, be thought, that in the case of allegiance our moral

obligation of duty will not cease, even though the natural obligation of

interest, which is its cause, has ceased; and that men may be bound by

conscience to submit to a tyrannical government against their own and

the public interest. And indeed, to the force of this argument I so far

submit, as to acknowledge, that general rules commonly extend beyond

the principles, on which they are founded; and that we seldom make any

exception to them, unless that exception have the qualities of a general

rule, and be founded on very numerous and common instances. Now this I

assert to be entirely the present case. When men submit to the authority

of others, it is to procure themselves some security against the

wickedness and injustice of men, who are perpetually carried, by their

unruly passions, and by their present and immediate interest, to the

violation of all the laws of society. But as this imperfection is

inherent in human nature, we know that it must attend men in all their

states and conditions; and that these, whom we chuse for rulers, do not

immediately become of a superior nature to the rest of mankind, upon

account of their superior power and authority. What we expect from them

depends not on a change of their nature but of their situation, when

they acquire a more immediate interest in the preservation of order and

the execution of justice. But besides that this interest is only more

immediate in the execution of justice among their subjects; besides

this, I say, we may often expect, from the irregularity of human nature,

that they will neglect even this immediate interest, and be transported

by their passions into all the excesses of cruelty and ambition.. Our

general knowledge of human nature, our observation of the past history

of mankind, our experience of present times; all these causes must

induce us to open the door to exceptions, and must make us conclude,

that we may resist the more violent effects of supreme power, without

any crime or injustice.

Accordingly we may observe, that this is both the general practice and

principle of mankind, and that no nation, that could find any remedy,

ever yet suffered the cruel ravages of a tyrant, or were blamed for

their resistance. Those who took up arms against Dionysius or Nero, or

Philip the second, have the favour of every reader in the perusal of

their history: and nothing but the most violent perversion of common

sense can ever lead us to condemn them. It is certain, therefore, that

in all our notions of morals we never entertain such an absurdity as

that of passive obedience, but make allowances for resistance in the

more flagrant instances of tyranny and oppression. The general opinion

of mankind has some authority in all cases; but in this of morals it

is perfectly infallible. Nor is it less infallible, because men cannot

distinctly explain the principles, on which it is founded. Few persons

can carry on this train of reasoning:

Government is a mere human invention for the interest of society. Where

the tyranny of the governor removes this interest, it also removes the

natural obligation to obedience. The moral obligation is founded on the

natural, and therefore must cease where that ceases; especially where

the subject is such as makes us foresee very many occasions wherein the

natural obligation may cease, and causes us to form a kind of general

rule for the regulation of our conduct in such occurrences.

But though this train of reasoning be too subtile for the vulgar, it is

certain, that all men have an implicit notion of it, and are sensible,

that they owe obedience to government merely on account of the public

interest; and at the same time, that human nature is so subject to

frailties and passions, as may easily pervert this institution, and

change their governors into tyrants and public enemies. If the sense of

common interest were not our original motive to obedience, I would fain

ask, what other principle is there in human nature capable of subduing

the natural ambition of men, and forcing them to such a submission?

Imitation and custom are not sufficient. For the question still recurs,

what motive first produces those instances of submission, which we

imitate, and that train of actions, which produces the custom? There

evidently is no other principle than public interest; and if interest

first produces obedience to government, the obligation to obedience

must cease, whenever the interest ceases, in any great degree, and in a

considerable number of instances.

SECT. X OF THE OBJECTS OF ALLEGIANCE

But though, on some occasions, it may be justifiable, both in sound

politics and morality, to resist supreme power, it is certain, that in

the ordinary course of human affairs nothing can be more pernicious

and criminal; and that besides the convulsions, which always attend

revolutions, such a practice tends directly to the subversion of all

government, and the causing an universal anarchy and confusion among

mankind. As numerous and civilized societies cannot subsist without

government, so government is entirely useless without an exact

obedience. We ought always to weigh the advantages, which we reap from

authority, against the disadvantages; and by this means we shall become

more scrupulous of putting in practice the doctrine of resistance. The

common rule requires submission; and it is only in cases of grievous

tyranny and oppression, that the exception can take place.

Since then such a blind submission is commonly due to magistracy, the

next question is, to whom it is due, and whom we are to regard as our

lawful magistrates? In order to answer this question, let us recollect

what we have already established concerning the origin of government and

political society. When men have once experienced the impossibility

of preserving any steady order in society, while every one is his own

master, and violates or observes the laws of society, according to his

present interest or pleasure, they naturally run into the invention of

government, and put it out of their own power, as far as possible, to

transgress the laws of society. Government, therefore, arises from the

same voluntary conversation of men; and it is evident, that the same

convention, which establishes government, will also determine the

persons who are to govern, and will remove all doubt and ambiguity in

this particular. And the voluntary consent of men must here have the

greater efficacy, that the authority of the magistrate does at first

stand upon the foundation of a promise of the subjects, by which they

bind themselves to obedience; as in every other contract or engagement.

The same promise, then, which binds them to obedience, ties them down to

a particular person, and makes him the object of their allegiance.

But when government has been established on this footing for some

considerable time, and the separate interest, which we have in

submission, has produced a separate sentiment of morality, the case

is entirely altered, and a promise is no longer able to determine the

particular magistrate since it is no longer considered as the foundation

of government. We naturally suppose ourselves born to submission; and

imagine, that such particular persons have a right to command, as we on

our part are bound to obey. These notions of right and obligation are

derived from nothing but the advantage we reap from government, which

gives us a repugnance to practise resistance ourselves, and makes us

displeased with any instance of it in others. But here it is remarkable,

that in this new state of affairs, the original sanction of government,

which is interest, is not admitted to determine the persons, whom we are

to obey, as the original sanction did at first, when affairs were on

the footing of a promise. A promise fixes and determines the persons,

without any uncertainty: But it is evident, that if men were to regulate

their conduct in this particular, by the view of a peculiar interest,

either public or private, they would involve themselves in endless

confusion, and would render all government, in a great measure,

ineffectual. The private interest of every one is different; and though

the public interest in itself be always one and the same, yet it becomes

the source of as great dissentions, by reason of the different opinions

of particular persons concerning it. The same interest, therefore,

which causes us to submit to magistracy, makes us renounce itself in

the choice of our magistrates, and binds us down to a certain form of

government, and to particular persons, without allowing us to aspire to

the utmost perfection in either. The case is here the same as in that

law of nature concerning the stability of possession. It is highly

advantageous, and even absolutely necessary to society, that possession

should be stable; and this leads us to the establishment of such a rule:

But we find, that were we to follow the same advantage, in assigning

particular possessions to particular persons, we should disappoint

our end, and perpetuate the confusion, which that rule is intended to

prevent. We must, therefore, proceed by general rules, and regulate

ourselves by general interests, in modifying the law of nature

concerning the stability of possession. Nor need we fear, that our

attachment to this law will diminish upon account of the seeming

frivolousness of those interests, by which it is determined. The impulse

of the mind is derived from a very strong interest; and those other more

minute interests serve only to direct the motion, without adding

any thing to it, or diminishing from it. It is the same case with

government. Nothing is more advantageous to society than such an

invention; and this interest is sufficient to make us embrace it with

ardour and alacrity; though we are obliged afterwards to regulate and

direct our devotion to government by several considerations, which are

not of the same importance, and to chuse our magistrates without having

in view any particular advantage from the choice.

The first of those principles I shall take notice of, as a foundation of

the right of magistracy, is that which gives authority to all the most

established governments of the world without exception: I mean, long

possession in any one form of government, or succession of princes. It

is certain, that if we remount to the first origin of every nation,

we shall find, that there scarce is any race of kings, or form of a

commonwealth, that is not primarily founded on usurpation and rebellion,

and whose title is not at first worse than doubtful and uncertain. Time

alone gives solidity to their right; and operating gradually on the

minds of men, reconciles them to any authority, and makes it seem just

and reasonable. Nothing causes any sentiment to have a greater influence

upon us than custom, or turns our imagination more strongly to any

object. When we have been long accustomed to obey any set of men,

that general instinct or tendency, which we have to suppose a moral

obligation attending loyalty, takes easily this direction, and chuses

that set of men for its objects. It is interest which gives the general

instinct; but it is custom which gives the particular direction.

And here it is observable, that the same length of time has a different

influence on our sentiments of morality, according to its different

influence on the mind. We naturally judge of every thing by comparison;

and since in considering the fate of kingdoms and republics, we embrace

a long extent of time, a small duration has not in this case a like

influence on our sentiments, as when we consider any other object. One

thinks he acquires a right to a horse, or a suit of cloaths, in a very

short time; but a century is scarce sufficient to establish any

new government, or remove all scruples in the minds of the subjects

concerning it. Add to this, that a shorter period of time will suffice

to give a prince a title to any additional power he may usurp, than will

serve to fix his right, where the whole is an usurpation. The kings of

France have not been possessed of absolute power for above two reigns;

and yet nothing will appear more extravagant to Frenchmen than to

talk of their liberties. If we consider what has been said concerning

accession, we shall easily account for this phænomenon.

When there is no form of government established by long possession,

the present possession is sufficient to supply its place, and may

be regarded as the second source of all public authority. Right

to authority is nothing but the constant possession of authority,

maintained by the laws of society and the interests of mankind; and

nothing can be more natural than to join this constant possession to the

present one, according to the principles above-mentioned. If the same

principles did not take place with regard to the property of private

persons, it was because these principles were counter-ballanced by

very strong considerations of interest; when we observed, that all

restitution would by that means be prevented, and every violence be

authorized and protected. And though the same motives may seem to

have force, with regard to public authority, yet they are opposed by a

contrary interest; which consists in the preservation of peace, and the

avoiding of all changes, which, however they may be easily produced in

private affairs, are unavoidably attended with bloodshed and confusion,

where the public is interested.

Any one, who finding the impossibility of accounting for the right of

the present possessor, by any received system of ethics, should resolve

to deny absolutely that right, and assert, that it is not authorized

by morality, would be justly thought to maintain a very extravagant

paradox, and to shock the common sense and judgment of mankind. No maxim

is more conformable, both to prudence and morals, than to submit quietly

to the government, which we find established in the country where we

happen to live, without enquiring too curiously into its origin and

first establishment. Few governments will bear being examined so

rigorously. How many kingdoms are there at present in the world, and

how many more do we find in history, whose governors have no better

foundation for their authority than that of present possession? To

confine ourselves to the Roman and Grecian empire; is it not evident,

that the long succession of emperors, from the dissolution of the Roman

liberty, to the final extinction of that empire by the Turks, could not

so much as pretend to any other title to the empire? The election of the

senate was a mere form, which always followed the choice of the legions;

and these were almost always divided in the different provinces, and

nothing but the sword was able to terminate the difference. It was by

the sword, therefore, that every emperor acquired, as well as defended

his right; and we must either say, that all the known world, for so

many ages, had no government, and owed no allegiance to any one, or

must allow, that the right of the stronger, in public affairs, is to be

received as legitimate, and authorized by morality, when not opposed by

any other title.

The right of conquest may be considered as a third source of the

title of sovereigns. This right resembles very much that of present

possession; but has rather a superior force, being seconded by the

notions of glory and honour, which we ascribe to conquerors, instead

of the sentiments of hatred and detestation, which attend usurpers. Men

naturally favour those they love; and therefore are more apt to ascribe

a right to successful violence, betwixt one sovereign and another, than

to the successful rebellion of a subject against his sovereign.[11]

[11] It is not here asserted, that present possession or conquest

are sufficient to give a title against long possession and positive

laws but only that they have some force, and will be able to call

the ballance where the titles are otherwise equal, and will even be

sufficient sometimes to sanctify the weaker title. What degree of

force they have is difficult to determine. I believe all moderate

men will allow, that they have great force in all disputes

concerning the rights of princes.

When neither long possession, nor present possession, nor conquest take

place, as when the first sovereign, who founded any monarchy, dies; in

that case, the right of succession naturally prevails in their stead,

and men are commonly induced to place the son of their late monarch

on the throne, and suppose him to inherit his father's authority. The

presumed consent of the father, the imitation of the succession to

private families, the interest, which the state has in chusing the

person, who is most powerful, and has the most numerous followers; all

these reasons lead men to prefer the son of their late monarch to any

other person.[12]

[12] To prevent mistakes I must observe, that this case of

succession is not the same with that of hereditary monarchies,

where custom has fix'd the right of succession. These depend upon

the principle of long possession above explain'd.

These reasons have some weight; but I am persuaded, that to one, who

considers impartially of the matter, it will appear, that there concur

some principles of the imagination, along with those views of interest.

The royal authority seems to be connected with the young prince even in

his father's life-time, by the natural transition of the thought; and

still more after his death: So that nothing is more natural than to

compleat this union by a new relation, and by putting him actually in

possession of what seems so naturally to belong to him.

To confirm this we may weigh the following phaenomena, which are pretty

curious in their kind. In elective monarchies the right of succession

has no place by the laws and settled custom; and yet its influence is

so natural, that it is impossible entirely to exclude it from the

imagination, and render the subjects indifferent to the son of their

deceased monarch. Hence in some governments of this kind, the choice

commonly falls on one or other of the royal family; and in some

governments they are all excluded. Those contrary phaenomena proceed

from the same principle. Where the royal family is excluded, it is

from a refinement in politics, which makes people sensible of their

propensity to chuse a sovereign in that family, and gives them a

jealousy of their liberty, lest their new monarch, aided by this

propensity, should establish his family, and destroy the freedom of

elections for the future.

The history of Artaxerxes, and the younger Cyrus, may furnish us with

some reflections to the same purpose. Cyrus pretended a right to the

throne above his elder brother, because he was born after his father's

accession. I do not pretend, that this reason was valid. I would only

infer from it, that he would never have made use of such a pretext, were

it not for the qualities of the imagination above-mentioned, by which

we are naturally inclined to unite by a new relation whatever objects we

find already united. Artaxerxes had an advantage above his brother, as

being the eldest son, and the first in succession: But Cyrus was more

closely related to the royal authority, as being begot after his father

was invested with it.

Should it here be pretended, that the view of convenience may be

the source of all the right of succession, and that men gladly take

advantage of any rule, by which they can fix the successor of their late

sovereign, and prevent that anarchy and confusion, which attends all

new elections? To this I would answer, that I readily allow, that this

motive may contribute something to the effect; but at the same time I

assert, that without another principle, it is impossible such a

motive should take place. The interest of a nation requires, that the

succession to the crown should be fixed one way or other; but it is

the same thing to its interest in what way it be fixed: So that if the

relation of blood had not an effect independent of public interest, it

would never have been regarded, without a positive law; and it would

have been impossible, that so many positive laws of different nations

could ever have concured precisely in the same views and intentions.

This leads us to consider the fifth source of authority, viz. positive

laws; when the legislature establishes a certain form of government and

succession of princes. At first sight it may be thought, that this must

resolve into some of the preceding titles of authority. The legislative

power, whence the positive law is derived, must either be established

by original contract, long possession, present possession, conquest, or

succession; and consequently the positive law must derive its force

from some of those principles. But here it is remarkable, that though

a positive law can only derive its force from these principles, yet it

acquires not all the force of the principle from whence it is derived,

but loses considerably in the transition; as it is natural to imagine.

For instance; a government is established for many centuries on

a certain system of laws, forms, and methods of succession. The

legislative power, established by this long succession, changes all on a

sudden the whole system of government, and introduces a new constitution

in its stead. I believe few of the subjects will think themselves bound

to comply with this alteration, unless it have an evident tendency to

the public good: But men think themselves still at liberty to return to

the antient government. Hence the notion of fundamental laws; which are

supposed to be inalterable by the will of the sovereign: And of this

nature the Salic law is understood to be in France. How far these

fundamental laws extend is not determined in any government; nor is it

possible it ever should. There is such an indefensible gradation from

the most material laws to the most trivial, and from the most ancient

laws to the most modern, that it will be impossible to set bounds to

the legislative power, and determine how far it may innovate in the

principles of government. That is the work more of imagination and

passion than of reason.

Whoever considers the history of the several nations of the world; their

revolutions, conquests, increase, and diminution; the manner in which

their particular governments are established, and the successive right

transmitted from one person to another, will soon learn to treat very

lightly all disputes concerning the rights of princes, and will be

convinced, that a strict adherence to any general rules, and the rigid

loyalty to particular persons and families, on which some people set so

high a value, are virtues that hold less of reason, than of bigotry

and superstition. In this particular, the study of history confirms the

reasonings of true philosophy; which, shewing us the original qualities

of human nature, teaches us to regard the controversies in politics as

incapable of any decision in most cases, and as entirely subordinate

to the interests of peace and liberty. Where the public good does not

evidently demand a change; it is certain, that the concurrence of all

those titles, original contract, long possession, present possession,

succession, and positive laws, forms the strongest title to sovereignty,

and is justly regarded as sacred and inviolable. But when these titles

are mingled and opposed in different degrees, they often occasion

perplexity; and are less capable of solution from the arguments of

lawyers and philosophers, than from the swords of the soldiery. Who

shall tell me, for instance, whether Germanicus, or Drufus, ought to

have succeeded Tiberius, had he died while they were both alive, without

naming any of them for his successor? Ought the right of adoption to be

received as equivalent to that of blood in a nation, where it had the

same effect in private families, and had already, in two instances,

taken place in the public? Ought Germanicus to be esteemed the eldest

son, because he was born before Drufus; or the younger, because he was

adopted after the birth of his brother? Ought the right of the elder to

be regarded in a nation, where the eldest brother had no advantage in

the succession to private families? Ought the Roman empire at that time

to be esteemed hereditary, because of two examples; or ought it, even

so early, to be regarded as belonging to the stronger, or the present

possessor, as being founded on so recent an usurpation? Upon whatever

principles we may pretend to answer these and such like questions, I

am afraid we shall never be able to satisfy an impartial enquirer, who

adopts no party in political controversies, and will be satisfied with

nothing but sound reason and philosophy.

But here an English reader will be apt to enquire concerning that famous

revolution, which has had such a happy influence on our constitution,

and has been attended with such mighty consequences. We have already

remarked, that in the case of enormous tyranny and oppression, it is

lawful to take arms even against supreme power; and that as government

is a mere human invention for mutual advantage and security, it no

longer imposes any obligation, either natural or moral, when once it

ceases to have that tendency. But though this general principle

be authorized by common sense, and the practice of all ages, it is

certainly impossible for the laws, or even for philosophy, to establish

any particular rules, by which we may know when resistance is lawful;

and decide all controversies, which may arise on that subject. This may

not only happen with regard to supreme power; but it is possible, even

in some constitutions, where the legislative authority is not lodged in

one person, that there may be a magistrate so eminent and powerful, as

to oblige the laws to keep silence in this particular. Nor would this

silence be an effect only of their respect, but also of their prudence;

since it is certain, that in the vast variety of circumstances,

which occur in all governments, an exercise of power, in so great

a magistrate, may at one time be beneficial to the public, which at

another time would be pernicious and tyrannical. But notwithstanding

this silence of the laws in limited monarchies, it is certain, that the

people still retain the right of resistance; since it is impossible,

even in the most despotic governments, to deprive them of it. The same

necessity of self-preservation, and the same motive of public good,

give them the same liberty in the one case as in the other. And we may

farther observe, that in such mixed governments, the cases, wherein

resistance is lawful, must occur much oftener, and greater indulgence

be given to the subjects to defend themselves by force of arms, than in

arbitrary governments. Not only where the chief magistrate enters into

measures, in themselves, extremely pernicious to the public, but even

when he would encroach on the other parts of the constitution, and

extend his power beyond the legal bounds, it is allowable to resist and

dethrone him; though such resistance and violence may, in the general

tenor of the laws, be deemed unlawful and rebellious. For besides that

nothing is more essential to public interest, than the preservation of

public liberty; it is evident, that if such a mixed government be once

supposed to be established, every part or member of the constitution

must have a right of self-defence, and of maintaining its ancient bounds

against the encroachment of every other authority. As matter would have

been created in vain, were it deprived of a power of resistance, without

which no part of it could preserve a distinct existence, and the whole

might be crowded up into a single point: So it is a gross absurdity to

suppose, in any government, a right without a remedy, or allow, that the

supreme power is shared with the people, without allowing, that it is

lawful for them to defend their share against every invader. Those,

therefore, who would seem to respect our free government, and yet deny

the right of resistance, have renounced all pretensions to common sense,

and do not merit a serious answer.

It does not belong to my present purpose to shew, that these general

principles are applicable to the late revolution; and that all the

rights and privileges, which ought to be sacred to a free nation, were

at that time threatened with the utmost danger. I am better pleased to

leave this controverted subject, if it really admits of controversy;

and to indulge myself in some philosophical reflections, which naturally

arise from that important event.

First, We may observe, that should the lords and commons in our

constitution, without any reason from public interest, either depose the

king in being, or after his death exclude the prince, who, by laws and

settled custom, ought to succeed, no one would esteem their proceedings

legal, or think themselves bound to comply with them. But should the

king, by his unjust practices, or his attempts for a tyrannical and

despotic power, justly forfeit his legal, it then not only becomes

morally lawful and suitable to the nature of political society to

dethrone him; but what is more, we are apt likewise to think, that the

remaining members of the constitution acquire a right of excluding his

next heir, and of chusing whom they please for his successor. This is

founded on a very singular quality of our thought and imagination. When

a king forfeits his authority, his heir ought naturally to remain in the

same situation, as if the king were removed by death; unless by mixing

himself in the tyranny, he forfeit it for himself. But though this

may seem reasonable, we easily comply with the contrary opinion. The

deposition of a king, in such a government as ours, is certainly an act

beyond all common authority, and an illegal assuming a power for public

good, which, in the ordinary course of government, can belong to no

member of the constitution. When the public good is so great and so

evident as to justify the action, the commendable use of this licence

causes us naturally to attribute to the parliament a right of using

farther licences; and the antient bounds of the laws being once

transgressed with approbation, we are not apt to be so strict in

confining ourselves precisely within their limits. The mind naturally

runs on with any train of action, which it has begun; nor do we commonly

make any scruple concerning our duty, after the first action of any

kind, which we perform. Thus at the revolution, no one who thought the

deposition of the father justifiable, esteemed themselves to be confined

to his infant son; though had that unhappy monarch died innocent at that

time, and had his son, by any accident, been conveyed beyond seas, there

is no doubt but a regency would have been appointed till he should

come to age, and could be restored to his dominions. As the slightest

properties of the imagination have an effect on the judgments of the

people, it shews the wisdom of the laws and of the parliament to take

advantage of such properties, and to chuse the magistrates either in

or out of a line, according as the vulgar will most naturally attribute

authority and right to them.

Secondly, Though the accession of the Prince of Orange to the throne

might at first give occasion to many disputes, and his title be

contested, it ought not now to appear doubtful, but must have acquired

a sufficient authority from those three princes, who have succeeded him

upon the same title. Nothing is more usual, though nothing may, at first

sight, appear more unreasonable, than this way of thinking. Princes

often seem to acquire a right from their successors, as well as from

their ancestors; and a king, who during his life-time might justly be

deemed an usurper, will be regarded by posterity as a lawful prince,

because he has had the good fortune to settle his family on the throne,

and entirely change the antient form of government. Julius Caesar is

regarded as the first Roman emperor; while Sylla and Marius, whose

titles were really the same as his, are treated as tyrants and usurpers.

Time and custom give authority to all forms of government, and all

successions of princes; and that power, which at first was founded only

on injustice and violence, becomes in time legal and obligatory.

Nor does the mind rest there; but returning back upon its footsteps,

transfers to their predecessors and ancestors that right, which it

naturally ascribes to the posterity, as being related together, and

united in the imagination. The present king of France makes Hugh Capet

a more lawful prince than Cromwell; as the established liberty of the

Dutch is no inconsiderable apology for their obstinate resistance to

Philip the second.

SECT. XI OF THE LAWS OF NATIONS

When civil government has been established over the greatest part of

mankind, and different societies have been formed contiguous to each

other, there arises a new set of duties among the neighbouring states,

suitable to the nature of that commerce, which they carry on with each

other. Political writers tell us, that in every kind of intercourse,

a body politic is to be considered as one person; and indeed this

assertion is so far just, that different nations, as well as private

persons, require mutual assistance; at the same time that their

selfishness and ambition are perpetual sources of war and discord. But

though nations in this particular resemble individuals, yet as they are

very different in other respects, no wonder they regulate themselves by

different maxims, and give rise to a new set of rules, which we call the

laws of nations. Under this head we may comprize the sacredness of the

persons of ambassadors, the declaration of war, the abstaining from

poisoned arms, with other duties of that kind, which are evidently

calculated for the commerce, that is peculiar to different societies.

But though these rules be super-added to the laws of nature, the former

do not entirely abolish the latter; and one may safely affirm, that the

three fundamental rules of justice, the stability of possession, its

transference by consent, and the performance of promises, are duties

of princes, as well as of subjects. The same interest produces the same

effect in both cases. Where possession has no stability, there must be

perpetual war. Where property is not transferred by consent, there can

be no commerce. Where promises are not observed, there can be no leagues

nor alliances. The advantages, therefore, of peace, commerce, and

mutual succour, make us extend to different kingdoms the same notions of

justice, which take place among individuals.

There is a maxim very current in the world, which few politicians are

willing to avow, but which has been authorized by the practice of all

ages, that there is a system of morals calculated for princes, much more

free than that which ought to govern private persons. It is evident

this is not to be understood of the lesser extent of public duties and

obligations; nor will any one be so extravagant as to assert, that

the most solemn treaties ought to have no force among princes. For as

princes do actually form treaties among themselves, they must propose

some advantage from the execution of them; and the prospect of such

advantage for the future must engage them to perform their part, and

must establish that law of nature. The meaning, therefore, of this

political maxim is, that though the morality of princes has the same

extent, yet it has not the same force as that of private persons, and

may lawfully be trangressed from a more trivial motive. However shocking

such a proposition may appear to certain philosophers, it will be easy

to defend it upon those principles, by which we have accounted for the

origin of justice and equity.

When men have found by experience, that it is impossible to subsist

without society, and that it is impossible to maintain society, while

they give free course to their appetites; so urgent an interest quickly

restrains their actions, and imposes an obligation to observe those

rules, which we call the laws of justice. This obligation of interest

rests nor here; but by the necessary course of the passions and

sentiments, gives rise to the moral obligation of duty; while we approve

of such actions as tend to the peace of society, and disapprove of such

as tend to its disturbance. The same natural obligation of interest

takes place among independent kingdoms, and gives rise to the same

morality; so that no one of ever so corrupt morals will approve of a

prince, who voluntarily, and of his own accord, breaks his word,

or violates any treaty. But here we may observe, that though the

intercourse of different states be advantageous, and even sometimes

necessary, yet it is nor so necessary nor advantageous as that among

individuals, without which it is utterly impossible for human nature

ever to subsist. Since, therefore, the natural obligation to justice,

among different states, is not so strong as among individuals, the moral

obligation, which arises from it, must partake of its weakness; and we

must necessarily give a greater indulgence to a prince or minister, who

deceives another; than to a private gentleman, who breaks his word of

honour.

Should it be asked, what proportion these two species of morality bear

to each other? I would answer, that this is a question, to which we can

never give any precise answer; nor is it possible to reduce to numbers

the proportion, which we ought to fix betwixt them. One may safely

affirm, that this proportion finds itself, without any art or study

of men; as we may observe on many other occasions. The practice of the

world goes farther in teaching us the degrees of our duty, than the most

subtile philosophy, which was ever yet invented. And this may serve as a

convincing proof, that all men have an implicit notion of the foundation

of those moral rules concerning natural and civil justice, and are

sensible, that they arise merely from human conventions, and from the

interest, which we have in the preservation of peace and order.

For otherwise the diminution of the interest would never produce

a relaxation of the morality, and reconcile us more easily to any

transgression of justice among princes and republics, than in the

private commerce of one subject with another.

SECT. XII OF CHASTITY AND MODESTY

If any difficulty attend this system concerning the laws of nature and

nations, it will be with regard to the universal approbation or blame,

which follows their observance or transgression, and which some may not

think sufficiently explained from the general interests of society.

To remove, as far as possible, all scruples of this kind, I shall here

consider another set of duties, viz, the modesty and chastity which

belong to the fair sex: And I doubt not but these virtues will be

found to be still more conspicuous instances of the operation of those

principles, which I have insisted on.

There are some philosophers, who attack the female virtues with great

vehemence, and fancy they have gone very far in detecting popular

errors, when they can show, that there is no foundation in nature for

all that exterior modesty, which we require in the expressions, and

dress, and behaviour of the fair sex. I believe I may spare myself the

trouble of insisting on so obvious a subject, and may proceed, without

farther preparation, to examine after what manner such notions arise

from education, from the voluntary conventions of men, and from the

interest of society.

Whoever considers the length and feebleness of human infancy, with the

concern which both sexes naturally have for their offspring, will

easily perceive, that there must be an union of male and female for

the education of the young, and that this union must be of considerable

duration. But in order to induce the men to impose on themselves this

restraint, and undergo chearfully all the fatigues and expences, to

which it subjects them, they must believe, that the children are their

own, and that their natural instinct is not directed to a wrong object,

when they give a loose to love and tenderness. Now if we examine the

structure of the human body, we shall find, that this security is very

difficult to be attained on our part; and that since, in the copulation

of the sexes, the principle of generation goes from the man to the

woman, an error may easily take place on the side of the former, though

it be utterly impossible with regard to the latter. From this trivial

and anatomical observation is derived that vast difference betwixt the

education and duties of the two sexes.

Were a philosopher to examine the matter a priori, he would reason after

the following manner. Men are induced to labour for the maintenance

and education of their children, by the persuasion that they are really

their own; and therefore it is reasonable, and even necessary, to give

them some security in this particular. This security cannot consist

entirely in the imposing of severe punishments on any transgressions

of conjugal fidelity on the part of the wife; since these public

punishments cannot be inflicted without legal proof, which it is

difficult to meet with in this subject. What restraint, therefore, shall

we impose on women, in order to counter-balance so strong a temptation

as they have to infidelity? There seems to be no restraint possible, but

in the punishment of bad fame or reputation; a punishment, which has a

mighty influence on the human mind, and at the same time is inflicted by

the world upon surmizes, and conjectures, and proofs, that would never

be received in any court of judicature. In order, therefore, to impose

a due restraint on the female sex, we must attach a peculiar degree of

shame to their infidelity, above what arises merely from its injustice,

and must bestow proportionable praises on their chastity.

But though this be a very strong motive to fidelity, our philosopher

would quickly discover, that it would not alone be sufficient to that

purpose. All human creatures, especially of the female sex, are apt

to over-look remote motives in favour of any present temptation:

The temptation is here the strongest imaginable: Its approaches are

insensible and seducing: And a woman easily finds, or flatters herself

she shall find, certain means of securing her reputation, and preventing

all the pernicious consequences of her pleasures. It is necessary,

therefore, that, beside the infamy attending such licences, there should

be some preceding backwardness or dread, which may prevent their first

approaches, and may give the female sex a repugnance to all expressions,

and postures, and liberties, that have an immediate relation to that

enjoyment.

A Treatise of Human Nature · 第 11 / 12 章