CHAP. VIII. Of the Beginning of Political Societies.

95. MEN being, as has been said, by Nature, all free, equal and in∣dependent; no one can be put out of this Estate, and subjected to the Political Pow∣er of another, without his own Consent, which is done by agreeing, with other Men, to join and unite into a Community, for their comfortable, safe, and peaceable li∣ving, one amongst another, in a secure En∣joyment of their Properties, and a greater Security against any that are not of it. This any number of Men may do, because it injures not the Freedom of the rest; they are left, as they were, in the Liberty of the state of Nature. When any num∣ber of Men have so consented to make one Community or Government, they are there∣by presently incorporated, and make one Body Politick, wherein the Majority have a Right, to act and conclude the rest.

96. For when any number of Men, have by the consent of every individual, made a Community, they have thereby made that Community one Body, with a power to act as one Body, which is only by the will and determination of the ma∣jority. Page  317 For that which acts any Commu∣nity, being only the consent of the indi∣viduals of it, and it being one Body must move one way; it is necessary the Body should move that way whither the great∣er force carries it, which is the consent of the majority: or else it is impossible it should act or continue one Body, one Community, which the consent of every individual that united into it, agreed that it should; and so every one is bound by that consent to be concluded by the ma∣jority. And therefore we see, that in As∣semblies impowred to act by positive Laws where no number is set, by that po∣sitive Law which impowers them, the act of the majority passes for the act of the whole, and of course determines, as ha∣ving by the Law of Nature and Reason, the power of the whole.

97. And thus every Man by consenting with others to make one Body Politick, under one Government, puts himself un∣der an obligation to every one of that So∣ciety, to submit to the determination of the majority, and to be concluded by it; or else this original Compact, whereby he with others incorporates into one Society, would signifie nothing, and be no Com∣pact if he be left free, and under no other ties than he was in before in the Page  318 state of Nature. For what appearance would there be of any Compact? What new engagement, if he were no farther tied by any Decrees of the Society, than he himself thought fit, and did actually con∣sent to? This would be still as great a li∣berty as he himself had before his Com∣pact, or any one else in the state of Na∣ture, who may submit himself and con∣sent to any acts of it if he thinks fit.

98. For if the consent of the majority shall not in reason be received as the act of the whole, and conclude every indivi∣dual; nothing but the consent of every in∣dividual can make any thing to be the act of the whole, which, considering the in∣firmities of health, and avocations of bu∣siness, which in a number, though much less than that of a Commonwealth, will necessarily keep many away from the publick Assembly; and the variety of O∣pinions and contrariety of interests which unavoidably happen in all Collections of Men, 'tis next impossible ever to be had. And therefore if coming into Society be upon such terms, it will be only like Ca∣to's coming into the Theatre, tantum at exiret. Such a Constitution as this would make the mighty Leviathan of a shorter duration than the feeblest Creatures; and not let it outlast the day it was born in, Page  319 which cannot be suppos'd till we can think that rational Creatures should de∣sire and constitute Societies only to be dis∣solved. For where the majority cannot con∣clude the rest, there they cannot act as one Body; and consequently, will be im∣mediately dissolved again.

99. Whosoever therefore, out of a state of Nature, unite into a Community, must be understood to give up all the power necessary to the ends for which they unite into Society, to the majority of the Community, unless they expresly agreed in any number greater than the majority. And this is done by barely agreeing to unite into one political Society, which is all the Compact that is, or needs be, be∣tween the individuals that enter into or make up a Commonwealth. And thus that which begins and actually constitutes any Political Society, is nothing but the consent of any number of Freemen capa∣ble of majority, to unite and incorporate into such a Society. And this is that, and that only, which did or could give begin∣ning to any lawful Government in the World.

100. To this I find two Objections made. 1. That there are no instances to be found in story, of a Company of Men independant and equal one amongst Page  320 another, that met together, and in this way began and set up a Government. 2. 'Tis impossible of right that Men should do so; because all Men being born under Government, they are to submit to that, and are not at liberty to begin a new one.

101. To the first, there is this to An∣swer, That it is not at all to be wonder'd that History gives us but a very little ac∣count of Men that lived together in the state of Nature. The inconveniencies of that condition, and the love and want of Society, no sooner brought any number of them together, but they presently united and incorporated, if they designed to con∣tinue together. And if we may not sup∣pose Men ever to have been in the state of Nature, because we hear not much of them in such a state; we may as well sup∣pose the Armies of Salmanasser, or Xerxes, were never Children, because we hear lit∣tle of them till they were Men, and imbo∣died in Armies. Government is every where antecedent to Records, and Letters seldom come in amongst a People till a long continuation of Civil Society, has by other more necessary arts, provided for their Safety, Ease and Plenty. And then they begin to look after the History of their Founders, and search into their ori∣ginal Page  321 when they have outlived the memo∣ry of it. For 'tis with Commonwealths as with particular Persons, they are com∣monly ignorant of their own Births and Infancies: and if they know any thing of it, they are beholding for it to the acci∣dental Records that others have kept of it. And those that we have of the begin∣ning of any Polities in the World, except∣ing that of the Jews, where God himself immediately interpos'd, and which favours not at all Paternal Dominion; are all ei∣ther plain instances of such a beginning as I have mentioned, or at least have mani∣fest footsteps of it.

102. He must shew a strange inclina∣tion to deny evident matter of fact when it agrees not with his Hypothesis; who will not allow, that the beginning of Rome and Venice were by the uniting together of several Men free and indepen∣dent one of another, amongst whom there was no natural Superiority or Subjection. And if Iosephus Acosta's word may be ta∣ken, he tells us, that in many parts of America there was no Government at all. There are great and apparent Conjectures, says he, that these men, speaking of those of Peru, for a long time had neither Kings nor Commonwealths, but lived in Troops, as they do this day in Florida, the Cheriquanas, Page  322 those of Bresil, and many other Nations, which have no certain Kings, but as occasion is offered in Peace or War, they choose their Captains as they please. l. 1. c. 25. If it be said, that every Man there was born sub∣ject to his Father, or the head of his Fa∣mily. That the subjection due from a Child to a Father, took not away his free∣dom of uniting into what political Society he thought fit, has been already proved. But be that as it will, these Men, 'tis evi∣dent, were actually free; and whatever superiority some Politicians now would place in any of them, they themselves claimed it not; but by consent were all equal, till by the same consent they set Rulers over themselves. So that their po∣litick Societies all began from a voluntary Union, and the mutual agreement of Men freely acting in the choice of their Governours, and forms of Government.

103. And I hope those who went away from Sparta, with Palantus, mentioned by Iustin l. will be allowed to have been Freemen independent one of another, and to have set up a Government over them∣selves, by their own consent. Thus I have given several Examples out of History, of people free and in the state of Nature, that being met together incorporated and be∣gan a Commonwealth. And if the want Page  323 of such instances be an argument to prove, that Government were not, nor could not be so begun, I suppose the Contenders for Paternal Empire were better let it a∣lone, than urge it against natural Liberty. For if they can give so many instances out of History, of Governments began upon pa∣ternal Right, I think (though at least an Argument from what has been, to what should of right, be of no great force) one might, without any great danger, yield them the cause. But if I might advise them in the Case, they would do well not to search too much into the original of Governments, as they have begun de facto, lest they should find at the foundation of most of them, something very little fa∣vourable to the design they promote, and such a power as they contend for.

104. But, to conclude, Reason being plain on our side, that Men are naturally free; and the Examples of History shew∣ing that the Governments of the World, that were begun in Peace, had their be∣ginning laid on that foundation, and were made by the Consent of the People: There can be little room for doubt, either where the Right is, or what has been the Opinion, or Practice of Mankind about the first erecting of Governments.

Page  324105. I will not deny, that if we look back, as far as History will direct us, to∣wards the Original of Commonwealths, we shall generally find them under the Go∣vernment and Administration of one Man. And I am also apt to believe, that where a Family was numerous enough to subsist by it self, and continued entire to∣gether, without mixing with others, as it often happens; where there is much Land, and few People, the Government common∣ly began in the Father. For the Father having, by the Law of Nature, the same Power, with every Man else, to punish, as he thought fit, any Offences against that Law, might thereby punish his transgres∣sing Children, even when they were Men, and out of their Pupilage; and they were very likely to submit to his punishment, and all join with him against the Offender in their turns, giving him thereby power to Execute his Sentence against any trans∣gression, and so in effect make him the Law-maker and Governour over all that remained in Conjunction with his Family. He was fittest to be trusted; Paternal af∣fection secured their Property and Interest under his Care, and the Custom of obey∣ing him in their Childhood, made it ea∣sier to submit to him rather than any o∣ther. If therefore they must have one to Page  325 rule them, as Government is hardly to be avoided amongst Men that live together; who so likely to be the Man as he that was their common Father, unless Negli∣gence, Cruelty, or any other defect of Mind or Body, made him unfit for it. But when either the Father died, and left his next Heir for want of Age, Wisdom, Courage, or any other qualities less fit for Rule, or where several Families met and consented to continue together: There, 'tis not to be doubted, but they used their na∣tural freedom to set up him whom they judged the ablest and most likely to Rule well over them. Conformable hereunto we find the People of America, who living out of the reach of the Conquering Swords and spreading domination of the two great Empires of Peru and Mexico, enjoy'd their own natural freedom; though, caeteris paribus, they commonly prefer the Heir of their deceased King; yet if they find him any way weak or uncapable, they pass him by, and set up the stoutest and bra∣vest Man for their Ruler.

106. Thus, though looking back as far as Records give us any account of Peopling the World, and the History of Nations, we commonly find the Govern∣ment to be in one hand, yet it destroys not that which I affirm (viz.) That the Page  326 beginning of Politick Society depends up∣on the consent of the Individuals to join into and make one Society; who when they are thus incorporated, might set up what form of Government they thought fit. But this having given occasion to Men to mistake and think, that by Nature Government was Monarchical, and be∣long'd to the Father, it may not be amiss, here to consider, why People, in the be∣ginning, generally pitch'd upon this form, which though perhaps the Father's Pre∣heminency might, in the first institution of some Commonwealths, give a rise to, and place in the beginning, the Power in one hand: yet it is plain that the reason that continued the Form of Government in a single Person, was not any Regard or Respect to Paternal Authority; since all petty Monarchies, that is, almost all Mo∣narchies, near their Original, have been commonly, at least upon occasion, ele∣ctive.

107. First then, in the beginning of things, the Father's Government of the Childhood of those sprung from him, ha∣ving accustomed them to the Rule of one Man, and taught them, that where it was exercised with Care and Skill, with Affe∣ction and Love to those under it, it was sufficient to procure and preserve Men (all Page  327 the political Happiness they sought for, in Society.) It was no wonder that they should pitch upon, and naturally run into that Form of Government, which, from their Infancy, they had been all accusto∣med to; and which, by experience, they had found both easie and safe. To which, if we add, that Monarchy being simple, and most obvious to Men, whom neither experience had instructed in Forms of Go∣vernment, nor the Ambition or Insolence of Empire had taught to beware of the Encroachments of Prerogative, or the In∣conveniencies of Absolute Power; which Monarchy, in Succession, was apt to lay claim to, and bring upon them. It was not at all strange, that they should not much trouble themselves to think of me∣thods of restraining any Exorbitances of those, to whom they had given the Autho∣rity over them; and of ballancing the Power of Government, by placing several parts of it in different hands. They had neither felt the Oppression of Tyrannical Dominion, nor did the Fashion of the Age, nor their Possessions, or way of li∣ving, which afforded little matter for Co∣vetousness or Ambition; give them any reason to apprehend or provide against it; and therefore 'tis no wonder they put themselves into such a Frame of Govern∣ment, Page  328 as was, not only, as I said, most obvious and simple, but also best suited to their present State and Condition; which stood more in need of defence against fo∣reign Invasions and Injuries, than of mul∣tiplicity of Laws, where there was but very little Property: and wanted not va∣riety of Rulers and abundance of Offi∣cers to direct and look after their Execu∣tion, where there were but few Trespas∣ses, and few Offenders. Since then, those who liked one another so well as to join into Society, cannot but be supposed to have some Acquaintance and Friendship together, and some Trust one in another. They could not but have greater Appre∣hensions of others, than of one another; and therefore their first care and thought cannot but be supposed to be how to secure themselves against foreign Force. 'Twas natural for them to put themselves under a Frame of Government, which might best serve to that end; and chuse the wi∣sest and bravest Man to conduct them in their Wars, and lead them out against their Enemies, and in this chiefly be their Ruler.

108. Thus we see that the Kings of the Indians, in America, which is still a Pat∣tern of the first Ages in Asia and Europe, whilst the Inhabitants were too few for Page  329 the Countrey, and want of People and Money gave Men no temptation to en∣large their Possessions of Land, or contest for wider extent of Ground; are little more than Generals of their Armies: and though they command absolutely in War, yet at home, and in time of Peace, they ex∣ercise very little Dominion, and have but a very moderate Sovereignty; the Reso∣lutions of Peace and War, being ordinari∣ly either in the People, or in a Council. Though the War it self, which admits not of Pluralities of Governours, natural∣ly devolves the Command into the King's sole Authority.

109. And thus in Israel it self, the chief Business of their Judges, and first Kings, seems to have been to be Captains in War, and Leaders of their Armies; which, (besides what is signified by, going out and in before the People, which was, to march forth to War, and home again in the Heads of their Forces) appears plainly in the story of Iephtha. The Ammonites ma∣king War upon Israel, the Gileadites, in fear, send to Iephtha, a Bastard of their Family, whom they had cast off, and arti∣cle with him, if he will assist them a∣gainst the Ammonites, to make him their Ruler; which they do in these Words, And the People made him head and captain Page  330 over them, Iudg. 11. 11. which was, as it seems, all one as to be Judge. And he judg∣ed Israel, Iudg. 12. 7. that is, was their Captain-general, six Years. So when Io∣tham upbraids the Shechemites with the Obligation they had to Gideon, who had been their Judge and Ruler, he tells them, He fought for you, and adventured his life far, and delivered you out of the hands of Midian, Iudg. 9.17. Nothing mentioned of him, but what he did as a General, and indeed, that is all is found in his History, or in any of the rest of the Judges. And Abimelech parti∣cularly is called King, though at most he was but their General. And when, be∣ing weary of the ill Conduct of Samuel's Sons, the Children of Israel desired a King, like all the nations to judge them, and to go out before them, and to fight their bat∣tels, 1 Sam. 8. 20. God granting their Desire, says to Samuel, I will send thee a man, and thou shalt anoint him to be captain over my people Israel that he may save my peo∣le out of the hands of the Philistines, c. 9. v. 16. As if the only business of a King had been to lead out their Armies, and fight in their Defence; and, accordingly, at his Inauguration, pouring a Vial of Oyl upon him, declares to Saul, that, the Lord had anointed him to be Captain over his inheritance, c. 10. v. 1. And therefore Page  331 those, who after Saul's being solemnly chosen, and saluted King by the Tribes, at Mispah, were unwilling to have him their King, make no other Objection but this, How shall this man save us? v. 27. as if they should have said, This Man is unfit to be our King, not having Skill and Con∣duct enough in War, to be able to defend us. And when God resolved to transfer the Government to David, it is in these Words, But now thy Kingdom shall not con∣tinue: the Lord hath sought him a man after his own heart, and the Lord hath commanded him to be captain over his people, c. 13. v. 14. As if the whole Kingly Authority were nothing else but to be their General: and therefore the Tribes who had stuck to Saul's Family, and opposed David's Reign, when they came to Hebron with terms of Submission to him, they tell him, amongst other Arguments they had to submit to him as to their King, That he was, in effect, their King in Saul's time, and therefore, they had no reason but to receive him as their King now. Also (say they) in time past, when Saul was King over us, thou wast he that leddest out and broughtest in Israel, and the Lord said unto thee, thou shalt feed my People Israel, and thou shalt be a Captain over Israel.

Page  332110. Thus, whether a Family, by de∣grees, grew up into a Commonwealth, and the Fatherly Authority being conti∣nued on to the elder Son, every one in his turn growing up under it, tacitly submit∣ted to it, and the easiness and equality of it not offending any one, every one acqui∣esced, till time seemed to have confirmed it, and setled a right of Succession, by Pre∣scription: or whether several Families, or the Descendants of several Families, whom Chance, Neighbourhood, or Business brought together, united into Society; the need of a General, whose Conduct might defend them against their Enemies in War, and the great confidence the Inno∣cence and Sincerity of that poor but ver∣tuous Age, such as are almost all those which begin Governments that ever come to last in the World, gave Men one of a∣nother, made the first Beginners of Com∣monwealths generally put the Rule into one Man's hand, without any other ex∣press Limitation or Restraint, but what the Nature of the thing, and the End of Government required. It was given them for the publick Good and Safety, and to those Ends in the Infancies of Common∣wealths, they commonly used it, and un∣less they had done so, young Societies could not have subsisted; without such Page  333 nursing Fathers: without this care of the Governours, all Governments would have sunk under the Weakness and Infirmities of their Infancy, the Prince and the Peo∣ple had soon perished together.

111. But the golden Age (tho' before vain Ambition, and amor sceleratus habendi, evil Concupiscence had corrupted Mens minds into a Mistake of true Power and Ho∣nour) had more Virtue, and consequently, better Governours, as well as less vicious Subjects; and there was then no stretching Prerogative on the one side to oppress the People; nor, consequently, on the other, any Dispute about Priviledge, to lessen or restrain the Power of the Magistrate: and so no contest betwixt Rulers and People, about Governours or Government. Yet, when Ambition, and Luxury,* in future Ages, would retain, and in∣crease the Power, with∣out doing the Business, for which it was given, Page  334 and aided by Flattery, taught Princes to have distinct and separate Interests, from their People; Men found it necessary to examine, more carefully, the Original and Rights of Government; and to find out ways to restrain the Exorbitances, and prevent the Abuses of that Power, which they having intrusted in another's hands, only for their own good, they found, was made use of to hurt them.

112. Thus we may see how probable it is, that People, that were naturally free, and, by their own consent, either submit∣ted to the Government of their Father, or united together, out of different Fami∣lies, to make a Government; should ge∣nerally put the Rule into one Man's hands, and chuse to be under the Conduct of a single Person; without so much, as by ex∣press Conditions, limiting or regulating his Power, which they thought safe e∣nough in his Honesty and Prudence. Though they never dream'd of Monar∣chy being Iure Divino, which we never heard of among Mankind, till it was re∣vealed to us by the Divinity of this last Age; nor ever allowed Paternal Power to have a right to Dominion, or to be the Foundation of all Government. And thus much may suffice to shew, that, as far as we have any light from History, we have Page  345 reason to conclude, that all peaceful be∣ginnings of Government have been laid in the Consent of the People. I say peaceful, because I shall have occasion, in another place, to speak of Conquest, which some esteem a way of beginning of Govern∣ments.

The other Objection, I find, urged against the beginning of Polities, in the way I have mentioned, is this, viz.

113. That all Men being born under Government, some or other, it is impossible any of them should ever be free, and at liberty, to unite together, and begin a new one, or ever be able to erect a lawful Government. If this Argument be good; I ask, how came so many lawful Monarchies into the World? For if any body, upon this supposition, can shew me any one Man, in any Age of the World, free to begin a lawful Mo∣narchy; I will be bound to shew him Ten other free Men at liberty, at the same time, to unite and begin a new Govern∣ment under a Regal, or any other Form. It being demonstration, that if any one, born under the Dominion of another, may be so free, as to have a right to command others, in a new and distinct Empire; eve∣ry one that is born under the Dominion Page  336 of another may be so free too, and may become a Ruler, or Subject, of a distinct separate Government. And so by this their own Principle, either all Men however born are free, or else there is but one law∣ful Prince, one lawful Government in the World. And then they have nothing to do but barely to shew us which that is. Which when they have done, I doubt not but all Mankind will easily agree to pay obedience to him.

114. Though it be a sufficient Answer to their Objection to shew, that it involves them in the same difficulties that it doth those they use it against; yet I shall en∣deavour to discover the weakness of this Argument a little farther.

All men, say they, are born under Go∣vernment, and therefore they cannot be at li∣berty to begin a new one. Every one is born a Subject to his Father, or his Prince, and is therefore under the perpetual tie of Subjection and Allegiance. 'Tis plain, Mankind ne∣ver owned nor considered any such natu∣ral subjection that they were born in, to one or to the other, that tied them, with∣out their own consents, to a subjection to them and their Heirs.

115. For there are no Examples so fre∣quent in History, both sacred and pro∣phane, as those of Men withdrawing Page  337 themselves, and their Obedience, from the Jurisdiction they were born under, and the Family or Community they were bred up in, and setting up new Govern∣ments in other places, from whence sprang all that number of petty Commonwealths in the beginning of Ages, and which al∣ways multiplied as long as there was room enough, till the stronger, or more fortu∣nate swallow'd the weaker; and those great ones again breaking to pieces, dissol∣ved into lesser Dominions. All which are so many testimonies against paternal So∣veraignty, and plainly prove, That it was not the natural right of the Father descend∣ing to his Heirs, that made Governments in the beginning; since it was impossible, upon that ground, there should have been so many little Kingdoms, but only one universal Monarchy, if Men had not been at liberty to separate themselves from their Families and their Government, be it what it will that was set up in it, and go and make distinct Commonwealths and other Governments as they thought fit.

116. This has been the practice of the World from its first beginning to this day: nor is it now any more hindrance to the freedom of Mankind, that they are born under constituted and ancient Polities, Page  338 that have established Laws and set Forms of Government, than if they were born in the Woods, amongst the unconfined Inhabitants that run loose in them. For those who would perswade us, that by being born under any Government, we are na∣turally Subjects to it, and have no more any title or pretence to the freedom of the state of Nature, have no other reason (ba∣ting that of Paternal Power, which we have already answer'd) to produce for it, but only because our Fathers or Progeni∣tors passed away their natural Liberty, and thereby bound up themselves and their Posterity to a perpetual subjection to the Government, which they themselves sub∣mitted to. 'Tis true, that whatever En∣gagements or Promises any one made for himself, he is under the obligation of them, but cannot by any Compact what∣soever, bind his Children or Posterity. For his Son, when a Man, being altoge∣ther as free as the Father, any act of the Father can no more give away the liberty of the Son, than it can of any body else. He may indeed annex such Conditions to the Land he enjoyed, as a Subject of any Commonwealth, as may oblige his Son to be of that Community, if he will enjoy those Possessions which were his Fathers; because that Estate being his Fathers Pro∣perty, Page  339 he may dispose or settle it as he pleases.

117. And this has generally given the occasion to the mistake in this matter; be∣cause Commonwealths not permitting any part of their Dominions to be dismembred, nor to be enjoyed by any but those of their Community, the Son cannot ordinarily enjoy the Possessions of his Father, but under the same Terms his Father did; by becoming a Member of the Society; whereby he puts himself presently under the Government, he finds there establish∣ed, as much as any other Subject of that Commonweal. And thus the Consent of Free-men, born under Government, which only makes them Members of it, being given separately in their turns, as each comes to be of Age, and not in a multi∣tude together; People take no notice of it, and thinking it not done at all, or not necessary, conclude they are naturally Sub∣jects as they are Men.

118. But, 'tis plain, Governments them∣selves understand it otherwise; they claim no Power over the Son, because of that they had over the Father; nor look on Chil∣dren as being their Subjects, by their Fa∣thers being so. If a Subject of England have a Child, by an English Woman, in France, whose Subject is he? Not the Page  340 King of England's; for he must have leave to be admitted to the Priviledges of it. Nor the King of France's; for how then has his Father a liberty to bring him away, and breed him as he pleases: and who ever was judged as a Traytor or Deserter, if he left, or warr'd against a Countrey, for being barely born in it of Parents that were Aliens there? 'Tis plain then, by the Practice of Go∣vernments themselves, as well as by the Law of right Reason, that a Child is born a Subject of no Country nor Government. He is under his Father's Tuition and Au∣thority, till he come to Age of Discreti∣on; and then he is a Free-man, at liberty what Government he will put himself un∣der; what Body Politick he will unite himself to. For if an English-Man's Son, born in France, be at liberty, and may do so, 'tis evident there is no Tye upon him, by his Father's being a Subject of that Kingdom; nor is he bound up, by any Compact of his Ancestors: and why then hath not his Son, by the same reason, the same liberty, though he be born any where else! Since the Power that a Father hath naturally, over his Children, is the same, where-ever they be born; and the Ties of natural Obligations, are not bounded by the positive Limits of Kingdoms and Commonwealths.

Page  341119. Every Man being, as has been shewed, naturally free, and nothing be∣ing able to put him into subjection to any earthly Power, but only his own Consent: It is to be considered, what shall be under∣stood to be a sufficient Declaration of a Man's Consent, to make him subject to the Laws of any Government. There is a common distinction of an express, and a tacit Consent; which will concern our present Case. No body doubts but an ex∣press Consent, of any Man, entering into any Society, makes him a perfect Mem∣ber of that Society, a Subject of that Go∣vernment. The difficulty is, what ought to be look'd upon as a tacit Consent, and how far it binds, i. e. how far any one shall be looked on to have consented, and thereby submitted to any Government, where he has made no Expressions of it at all. And to this I say, that every Man, that hath any Possession, or Enjoyment, of any part of the Dominions of any Go∣vernment, doth thereby give his tacit Consent, and is as far forth obliged to Obedience to the Laws of that Govern∣ment, during such Enjoyment, as any one under it; whether this his Possession be of Land, to him and his Heirs for ever, or a Lodging only for a Week; or whether it be barely travelling freely on the High∣way; Page  342 and, in Effect, it reaches as far as the very being of any one within the Ter∣ritories of that Government.

120. To understand this the better, it is fit to consider, that every Man, when he, at first, incorporates himself into any Commonwealth, he, by his uniting him∣self thereunto, annexed also, and submits to the Community those Possessions, which he has, or shall acquire, that do not al∣ready belong to any other Government. For it would be a direct Contradiction, for any one, to enter into Society with others for the securing and regulating of Pro∣perty: and yet to suppose his Land, whose Property is to be regulated by the Laws of the Society, should be exempt from the Jurisdiction of that Government, to which he himself, and the Property of the Land, is a Subject. By the same Act therefore, whereby any one unites his Person, which was before free, to any Commonwealth; by the same he unites his Possessions, which were before free, to it also; and they be∣come, both of them, Person and Possessi∣on, subject to the Government and Domi∣nion of that Commonwealth, as long as it hath a being. Who-ever therefore, from thenceforth, by Inheritance, purchases Per∣mission, or otherwise enjoys any part of the Land, so annext to, and under the Page  343 Government of that Commonweal, must take it with the Condition it is under; that is, of submitting to the Government of the Commonwealth, under whose Jurisdiction it is, as far forth, as any Subject of it.

121. But since the Government has a direct Jurisdiction only over the Land, and reaches the Possessor of it, (before he has actually incorporated himself in the Society) only as he dwells upon, and en∣joys that: the Obligation any one is un∣der, by Virtue of such Enjoyment, to sub∣mit to the Government, begins and ends with the Enjoyment; so that when-ever the Owner, who has given nothing but such a tacit Consent, to the Govern∣ment, will, by Donation, Sale, or other∣wise, quit the said Possession: He is at li∣berty to go and incorporate himself into any other Commonwealth, or agree with others to begin a new one, in vacuis locis, in any part of the World they can find free and unpossessed: whereas he that has once, by actual Agreement, and any ex∣press Declaration, given his Consent to be of any Commonweal, is perpetually and indispensably obliged to be, and remain unalterably a Subject to it, and can never be again in the liberty of the state of Nature; unless, by any Calamity, the Government, he was under, comes to be dissolved.

Page  344122. But submitting to the Laws of any Countrey; living quietly, and enjoy∣ing Priviledges and Protection under them, makes not a Man a Member of that Soci∣ety; 'tis only a local Protection and Ho∣mage due to, and from all those, who, not being in a state of War, come within the Territories belonging to any Government, to all parts whereof the force of its Law extends. But this no more makes a Man a Member of that Society, a perpetual Subject of that Commonwealth; than it would make a Man a Subject to another in whose Family he found it convenient to abide for some time; though, whilst he continued in it, he were obliged to comply with the Laws, and submit to the Go∣vernment he found there. And thus we see, that Foreigners, by living all their Lives under another Government, and en∣joying the Priviledges and Protection of it, though they are bound, even in Con∣science, to submit to its Administration, as far forth as any Denison; yet do not thereby come to be Subjects or Members of that Commonwealth. Nothing can make any Man so, but his actually enter∣ing into it by positive Engagement, and express Promise and Compact. This is that, which I think, concerning the begin∣ning of Political Societies, and that Con∣sent Page  345 which makes any one a Member of any Commonwealth.