concerning civil government-第18章
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approved； it may be that nothing was then further thought upon for the
manner of governing； but all permitted unto their wisdom and
discretion； which were to rule till； by experience； they found this
for all parts very inconvenient； so as the thing which they had
devised for a remedy did indeed but increase the sore which it
should have cured。 They saw that to live by one man's will became
the cause of all men's misery。 This constrained them to come unto laws
wherein all men might see their duty beforehand； and know the
penalties of transgressing them。〃 Hooker； Eccl。 Pol。 1。 10。
112。 Thus we may see how probable it is that people that were
naturally free； and； by their own consent； either submitted to the
government of their father； or united together； out of different
families； to make a government； should generally put the rule into one
man's hands； and choose to be under the conduct of a single person；
without so much； as by express conditions； limiting or regulating
his power； which they thought safe enough in his honesty and prudence；
though they never dreamed of monarchy being jure Divino； which we
never heard of among mankind till it was revealed 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 show that； as far as we have any light from
history； we have reason to conclude that all peaceful beginnings 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
governments。
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 anybody； upon this
supposition； can show me any one man； in any age of the world； free to
begin a lawful monarchy； I will be bound to show him ten other free
men at liberty； at the same time； to unite and begin a new
government 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；
every one that is born under the dominion 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 lawful prince； one
lawful government in the world； and then they have nothing to do but
barely to show 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 show
that it involves them in the same difficulties that it doth those they
use it against； yet I shall endeavour to discover the weakness of this
argument a little farther。
〃All men；〃 say they； 〃are born under government； and therefore
they cannot be at liberty 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。〃 It is plain mankind never
owned nor considered any such natural subjection that they were born
in； to one or to the other； that tied them； without their own
consents； to a subjection to them and their heirs。
115。 For there are no examples so frequent in history； both sacred
and profane； as those of men withdrawing 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 governments in
other places； from whence sprang all that number of petty
commonwealths in the beginning of ages； and which always multiplied as
long as there was room enough； till the stronger or more fortunate
swallowed the weaker； and those great ones； again breaking to
pieces； dissolved into lesser dominions； all which are so many
testimonies against paternal sovereignty； and plainly prove that it
was not the natural right of the father descending 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 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 persuade us that by
being born under any government we are naturally subjects to it； and
have no more any title or pretence to the freedom of the state of
Nature； have no other reason （bating that of paternal power； which
we have already answered） to produce for it； but only because our
fathers or progenitors passed away their natural liberty； and
thereby bound up themselves and their posterity to a perpetual
subjection to the government which they themselves submitted to。 It is
true that whatever engagements or promises any one made for himself；
he is under the obligation of them； but cannot by any compact
whatsoever bind his children or posterity。 For his son； when a man；
being altogether as free as the father； any act of the father can no
more give away the liberty of the son than it can of anybody 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 father's；
because that estate being his father's property； he may dispose or
settle it as he pleases。
117。 And this has generally given the occasion to the mistake in
this matter； because commonwealths not permitting any part of their
dominions to be dismembered； 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 established； 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
multitude together； people take no notice of it； and thinking it not
done at all； or not necessary； conclude they are naturally subjects as
they are men。
118。 But it is plain governments themselves understand it otherwise；
they claim no power over the son because of that they had over the
father； nor look on children as being their subjects； by their fathers
being so。 If a subject of England have a child by an Englishwoman in
France； whose subject is he？ Not the King of England's； for he must
have leave to be admitted to the privileges 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 whoever was judged as a traitor or
deserter； if he left； or warred against a country； for being barely
born in it of parents that were aliens there？ It is plain； then； by
the practice of governments 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 authority till he come to age
of discretion； and then he is a free man； at liberty what government
he will put himself under；
