tures should defire and conftitute focieties only to be diffolved: for where the majority cannot conclude the reft, there they cannot act as one body, and confequently will be immediately diffolved again.anović odk

$99. Whofoever therefore out of a ftate of nature unite into a community, must be understood to give up all the power, neceffary to the ends for which they unite into fociety, to the majority of the community, unless they exprefly agreed in any number greater than the majority. And this is done by barely agreeing to unite into one political fociety, which is all the compact that is, or needs be, between the individuals, that enter into, or make up a common-wealth. And thus that, which begins and actually conftitutes any political fociety, is nothing but the confent of any number of freemen capable of a majority to unite and incorporate into fuch a fociety. And this is that, and that only, which did, or could give beginning to any lawful government in the world.

§. 100. To this I find two objections made. First, That there are no inftances to be found in flory, of a company of men independent, and equal one among ft another, that met together, and in this way began and fet up a government.

Secondly, It is impoffible of right, that men fhould do fo, because all men being born under government, they are to fubmit to that, and are not at liberty to begin a new one. §. 101.

§. 101. To the first there is this to answer, That it is not at all to be wondered, that hiftory gives us but a very little account of men, that lived together in the state of nature. The inconveniences of that condition, and the love and want of fociety, no fooner brought any number of them together, but they pre fently united and incorporated, if they defigned to continue together. And if we may not fuppofe men ever to have been in the ftate of nature, because we hear not much of them in fuch a state, we may as well fuppofe the armies of Salmanaffer or Xerxes were never children, because we hear little of them, till they were men, and imbodied in armies. Government is every where antecedent to records, and letters feldom come in amongst a people till a long continuation of civil fociety has, by other more neceffary arts, provided for their fafety, eafe, and plenty then they begin to look after the history of their founders, and fearch into their original, when they have outlived the memory of it: for it is with common-wealths as with particular perfons, they are commonly ignorant of their own births and infancies: and if they know any thing of their original, they are beholden for it, to the accidental records that others have kept of it. And thofe that we have, of the beginning of any polities in the world, excepting that of the Jews, where God himfelf immediately interpofed, and which fa

and

vours not at all paternal dominion, are all either plain inftances of fuch a beginning as I have mentioned, or at least have manifeft footsteps of it.

§. 102. He muft fhew a strange inclination to deny evident matter of fact, when it agrees not with his hypothefis, who will not allow, that the beginning of Rome and Venice were by the uniting together of feveral men free and independent one of another, amongst whom there was no natural fuperiority or fubjection. And if Jofephus Acofta's word may be taken, he tells us, that in many parts of America there was no government at all. There are great and apparent conjectures, fays 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, thofe of Brafil, and many other nations, which have no certain kings, but as occafion is offered, in peace or war, they choose their captains as they pleafe, 1. i. c. 25. If it be faid, that every man there was born fubject to his father, or the head of his family; that the fubjection due from a child to a father took not away his freedom of uniting into what political fociety he thought fit, has been already proved. But be that as it will, thefe men, it is evident, were actually free; and whatever fuperiority fome politicians now would place in any of them, they themselves claimed it not, but by

confent

confent were all equal, till by the fame confent they fet rulers over themfelves. So that their politic focieties all began from a voluntary union, and the mutual agreement of men freely acting in the choice of their governors, and forms of government.

§. 103. And I hope those who went away from Sparta with Palantus, mentioned by Juftin, 1. iii. c. 4. will be allowed to have been freemen independent one of another, and to have fet up a government over themfelves, by their own confent. Thus I have given feveral examples, out of hiftory, of people free and in the ftate of nature, that being met together incorporated and began a commonwealth. And if the want of fuch inftances be an argument to prove that government were not, nor could not be so begun, I fuppofe the contenders for paternal empire were better let it alone, than urge it against natural liberty for if they can give fo many inftances, out of history, of governments begun upon paternal right, I think (though at beft an argument from what has been, to what should of right be, has no great force) one might, without any great danger, yield them the cause. But if I might advise them in the cafe, they would do well not to fearch too much into the original of governments, as they have begun de facto, left they fhould find, at the foundation of most of them, fomething

very little favourable to the defign they pro mote, and fuch a power as they contend for. 101§. 1104. But to conclude, reason being plain on our fide, that men are naturally free, and the examples of hiftory fhewing, that the governments of the world, that were begun in peace, had their beginning laid on that foundation, and were made by the confent 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.

§. 105. I will not deny, that if we look back as far as history will direct us, towards the original of common-wealths, we shall generally find them under the government and administration of one man. And I am also apt to believe, that where a family was numerous enough to fubfift by itfelf, and continued entire together, without mixing with others, as it often happens, where there is much land, and few people, the govern ment commonly began in the father: for the father having, by the law of nature, the fame power with every man elfe to punish, as he thought fit, any offences against that law, might thereby punish his tranfgreffing children, even when they were men, and out of their pupilage; and they were very likely to fubmit to his punishment, and all join with him against the offender, in their turns, giving him thereby power to execute

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