ther, in a fecure enjoyment of their properties, and a greater fecurity 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 ftate 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 rest. "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 elfe 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 should, and fo every one is bound, by that confent, to be concluded by the majority. And therefore we fee, that in D 2 affemblies affemblies impowered to act by pofitive laws, "And thus every man, by confenting with "Whoever, therefore, out of a state of nature, unite into a community, must be underflood to give up all the power neceffary to the ends, for which they unite into fociety to the majority of the community, unless they exprefsly agreed in any number lefs than the majority. And this is done by barely agreeing 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 confent of any What confti tutes a commu government. 3 number 4 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 thefe fubjects with freedom: and in the progrefs of my investigation, I readily declare my opinion, that my predeceffors of all ages, and of all defcriptions, have feen, understood, and explained them, with as much perfpicuity and precifion, as the most illuminated philofopher of thefe difcovering days of innovation. Thefe fubje&s predecettors as dern illumina difcuffed by our * " 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, whofe feveral 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 forefeeing of advantages, and thefe to be communicate, for engaging the benevolence of all amongst themselves." well as by mu tors. Buchanan of the due Privilege of the Scots Government in England, p. 179. Although D3 All power originally from God. Although we are now confidering the Rights of Man in the real actual state of his physical existence and political incorporation with some community, we are not to lose fight of the rights, which he enjoyed in the pure ftate of nature; for as I before observed, 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, or of the people; yet I find all writers unanimous 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 purpofe 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 fecond doth, that doth the first cause, but in a more excellent manner." And す "There is no power but of God; that is, no * Fort. de Laud. Leg. Ang. c. iii. p. 5. + Milton's Defence of the People of England, p. 64. form, form, no lawful conftitution of any govern ment. The most ancient laws, that are known to us, were formerly afcribed to God as their author. For the law, fays Cicero in his Philipp. is no other than a rule of well grounded, reason, derived from God himself, enjoining whatever is juft and right, and forbidding the contrary. So that the inftitution of magiftracy is jure divino, and the end of it is, that mankind might live under certain laws, and be governed by them; but what particular form of government each nation would live under, and what persons should be entrusted with the magiftracy, without doubt, was left to the choice of each nation." centuries ago. Inftitution of magiftracy jue divino. It is as far from being a modern discovery, as it is from being a falfe pofition, that all civil or political power is derived from the people. So Sir John Fortefcue faid many * "As in the natural body (according to the philofopher) the heart is the first thing, which lives, having in it the blood, which it tranfmits to all the other members, thereby imparting life and growth and vigour, fo, in the body politic, the first thing, which lives and moves is the intention of the people, having in it the blood, that is, * Fortefc. de L. L. Angliæ, c. xiii. c. 22. D 4 The choice of the community. government in the |