The rights of individuals in

the state of na

gencies enforce the neceffity of order and government.

It is a postulatum, that when men formed themselves into fociety, their natural rights to the commu- were not given up nor deftroyed, but were nity in that of transferred only from the individual to the

ture transferred

Lociety.

body at large. Whatever the former had an indefeasible right to do in the state of nature, the latter has an indefeasible right to do in the state of fociety; and throughout this ftate of fociety, the general interest of the community is the principle, upon which the conftitution and particular laws of each state must be founded. The private confiderations of individuals were given up, in the exchange of our natural rights, for the improved liberties of civil intercourse and society.

* "Men being, as has been faid, by nature all free, equal, and independent, no one can be put out of his estate, and subjected to the political power of another, without his own confent. The only way, whereby any one divests himself of his natural liberty, and puts on the bonds of civil fociety, is by agreeing with other men, to join and unite into a community, for their comfortable, fafe, and peaceable living one amongst ano

* Locke of Civil Government, p. 194.

ther,

ther, in a fecure enjoyment 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 reft; they are left as they were, in the liberty of the state of nature. When any number of men have fo confented to make one community, or government, they are thereby presently incorporated, and make one body politic, wherein the majority have a right to act, and conclude the reft.

"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 majority. For that, which acts any community, being only the confent of the individuals of it, and it being neceffary to that, which is one body, to move one way, it is neceffary the body should move that way, whither the great force carries it, which is the confent of the majority: or else it is impoffible it should act, or continue one body, one community, which the confent of every individual, that united into it, agreed that it fhould, and fo every one is bound, by that confent, to be concluded by the majority. And therefore we fee, that in affemblies

D 2

!

affemblies impowered to act by positive laws, where no number is fet by that positive law, which impowers them, the act of the majority paffes for the act of the whole, and of courfe determines, as having, by the law of nature and reason, the power of the whole.

"And thus every man, by confenting with others to make one body politic, under one government, puts himself under an obligation to every one of that fociety, to fubmit to the determination of the majority, and to be concluded by it; or else this original compact, whereby he with others incorporates into one fociety, would fignify nothing, and be no compact, if he be left free, and under no other ties, than he was in before in the state of nature.

"Whoever, therefore, out of a state of nature, unite into a community, must be underftood to give up all the power necessary. to the ends, for which they unite into fociety to the majority of the community, unless they exprefsly agreed in any number less than the majority. And this is done by barely agree-. ing to unite into one political fociety, which is all the compact that is, or need be, between the individuals, that enter into or make up a common-wealth. And thus, that, which nity and lawful begins and actually conftitutes any political fociety, is nothing but the consent of any

What confti

tutes a commu

government.

number of freemen, capable of a majority, to unite and incorporate into fuch a society. And this is that, and that only, which did, or could give beginning to any lawful government in the world."

Every man has the uncontrouled right of difcuffing these subjects with freedom: and in the progress of my investigation, I readily declare my opinion, that my predeceffors of all ages, and of all defcriptions, have seen, understood, and explained them, with as much perfpicuity and precifion, as the most illuminated philofopher of these discovering days of innovation.

* " With Cicero, I think there is nothing done on earth more acceptable to the great God, who rules the world, than the affociations of men legally united, which are called civil incorporations, whose several parts must be as compactly joined together as the feveral members of our body, and every one must have their proper function, to the end there may be a mutual co-operating for the good of the whole, and a mutual propelling of injuries, and a foreseeing of advantages, and these to be communicate, for engaging the benevolence of all amongst themselves."

* Buchanan of the due Privilege of the Scots Government in England, p. 179.

D 3

Although

God.

Although we are now confidering the Rights of Man in the real actual state of his physical existence and political incorporation with fome community, we are not to lose fight of the rights, which he enjoyed in the pure ftate of nature; for as I before obferved, these rights were never given up nor destroyed, but were transferred only from the individual to the body at large. Now although there have exifted many differences and difputes about the rights of the community, All power ori- or of the people; yet I find all writers unaginally from nimous in tracing or deducing them from Almighty God, as the fource of all right, power, and authority whatsoever: for to whom we owe our existence, to him we owe all the benefits and advantages of that existence. *"Seeing, the apostle fays, (Rom. xiii. 1.) that all power is from God, laws, which are made by men (who for this end and purpose receive their power from God) may alfo be affirmed to be made by God, as faith the author of a book going under the name of Auctor Caufarum; whatsoever the second doth, that doth the first cause, but in a more excellent manner." And "There is no power but of God; that is, no

t

Fort. de Laud. Leg. Ang. c. iii. p. 5.

+ Milton's Defence of the People of England, p. 64. form,