his fentence against any tranfgreffion, and fo in effect make him the law-maker, and governor over all that remained in conjunction with his family. He was fitteft to be trusted; paternal affection fecured their property and intereft under his care; and the cuftom of obeying him, in their childhood, made it eafier to fubmit to him, rather than to any other. If therefore they must have one to rule them, as government is hardly to be avoided amongst men that live together; who fo likely to be the man as he that was their common father; unless negligence, 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, lefs fit for rule; or where feveral families met, and confented to continue together; there, it is not to be doubted, but they used their natural freedom, to set up him, whom they judged the ableft, 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 fwords, and spreading domination of the two great empires of Peru and Mexico) enjoyed their own natural freedom, though, cæteris paribus, they commonly prefer the heir of their deceafed king; yet if they find him any way weak, or uncapable, they pass him

by,

by, and fet up the ftouteft and braveft man for their ruler.

§. 106. Thus, though looking back as far as records give us any account of peopling the world, and the hiftory of nations, we commonly find the government to be in one hand; yet it deftroys not that which I affirm, viz. that the beginning of politic fociety depends upon the confent of the individuals, to join into, and make one fociety; who, when they are thus incorporated, might set up what form of government they thought fit. But this having given occafion to men to mistake, and think, that by nature government was monarchical, and belonged to the father, it may not be amifs here to confider, why people in the beginning generally pitched upon this form, which though perhaps the father's pre-eminency might, in the first inftitution of fome common-wealths, give a rife to, and place in the beginning, the in one hand; yet it is plain that the reafon, that continued the form of government in a fingle perfon, was not any regard, or respect to paternal authority; fince all petty monarchies, that is, almost all monarchies, near their original, have been commonly, at least upon occafion, elective.

power

S. 107. First then, in the beginning of things, the father's government of the childhood of thofe fprung from him, having accustomed them to the rule of one man, and taught

taught them that where it was exercised with care and fkill, with affection and love to those under it, it was fufficient to procure and preferve to men all the political happiness they fought for in fociety. It was no wonder that they fhould pitch upon, and naturally run into that form of government, which from their infancy they had been all accustomed to; and which, by experience, they had found both eafy and fafe. To which, if we add, that monarchy being fimple, and most obvious to men, whom neither experience had inftructed in forms of government, nor the ambition or infolence of empire had taught to beware of the encroachments of prerogative, or the inconveniencies of abfolute power, which monarchy in fucceffion was apt to lay claim to, and bring upon them; it was not at all ftrange, that they should not much trouble themselves to think of methods of restraining any exorbitances of thofe to whom they had given the authority over them, and of balancing the power of government, by placing feveral parts of it in different hands. They had neither felt the oppreffion of tyrannical dominion, nor did the fashion of the age, nor their poffeffions, or way of living, (which afforded little matter for covetoufnefs or ambition) give them any reason to apprehend or provide against it; and therefore it is no wonder they put themfelves into fuch a frame of government, as was

.

U

not

not only, as I faid, most obvious and fimple, but also beft fuited to their prefent state and condition; which stood more in need of defence against foreign invafions and injuries, than of multiplicity of laws. The equality of a fimple poor way of living, confining their defires within the narrow bounds of each man's small property, made few controverfies, and fo no need of many laws to decide them, or variety of officers to fuperintend the procefs, or look after the execution of justice, where there were but few trefpaffes, and few offenders. Since then thofe, who liked one another so well as to join into fociety, cannot but be fuppofed to have fome acquaintance and friendship together, and fome trust one in another; they could not but have greater apprehenfions of others, than of one another: and therefore their first care and thought cannot but be fuppofed to be, how to secure themselves against foreign force. It was natural for them to put themselves under a frame of government which might best serve to that end, and chufe the wifeft and braveft man to conduct them in their wars, and lead them out against their enemies, and in this chiefly be their ruler.

§. 108. Thus we fee, that the kings of the Indians in America, which is still a pattern of the first ages in Afia and Europe, whilft the inhabitants were too few for the country, and want of people and money gave men no temptation

temptation to enlarge their poffeffions of land, or contest for wider extent of ground, are little more than generals of their armies; and though they command abfolutely in war, yet at home and in time of peace they exercise very little dominion, and have but a very moderate fovereignty, the refolutions of peace and war being ordinarily either in the people, or in a council. Tho' the war itself, which admits not of plurality of governors, naturally devolves the command into the king's fole authority.

§. 109. And thus in Ifrael itself, the chief bufinefs of their judges, and firft kings, feems to have been to be captains in war, and leaders of their armies; which (befides what is fignified 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 ftory of Jephtha. The Ammonites making war upon Ifrael, the Gileadites in fear fend to Jephtha, a baftard of their family whom they had caft off, and article with him, if he will affift them against the Ammonites, to make him their ruler; which they do in thefe words, And the people made him head and captain over them, Judg. xi. 11. which was, as it seems, all one as to be judge. And be judged Ifrael, Judg. xii. 7. that is, was their captain-general fix years. So when fotham upbraids the Shechemites with the obligation they had to Gideon, who had been U 2 their