CHA P. II. OF THE STATE OF SOCIETY. OCIETY was the neceffary confequence SOCI of the experimental discovery of man's wants and infufficiency to fupply them in the theoretical state of pure nature. These wants were coeval with his physical existence; for, as Mr. Locke fays, God fo made man, as to put him under strong obligations of neceffity, convenience, and inclination, to drive him into fociety, as well as fitted him with understanding and language to continue and enjoy it. And here, as Mr. Payne allows, Our enquiries find a refting Origin of fo- place, our reafon finds a home. This infufficiency of individuals fought a remedy in the affiftance of others; mutual affistance brought on obligations, and obligations produced dependance. The diverfity of age, strength, or talents, probably gave the firft fuperiority over a promifcuous multitude (for parentage certainly gave the firft fuperiority over individuals); this multiplied and varied, as the objects who poffeffed it; envy ever followed the poffeffor; and the confequences ciety. broke broke out into ftrifes, feuds, and wars. So *" as foon as mankind enter into a ftate of fociety, they lofe the fenfe of their weakness; the equality ceafes, and then commences the ftate of war." These ruinous effects increased, as mankind was multiplied; and the natural tendency to fuperiority urged individuals to reduce their neighbours into a state of fubjection. Still was man fenfible of his own infufficiency, and he applied in need to his neighbour for affiftance. This gradually Origin of naformed men into diftinct bodies: each body had their own refpective views and interests; and hence arofe the difference of communities or nations. tions. Societies then once formed, the interests of the individuals forming them became united in one common centre; they dropped the former sense of that weakness and indigence, which had driven them into fociety, and affumed a confequence (which I call political) from the newly acquired ftrength of their collected affociates. The fubfiftence and preservation of their own community was their first concern; to defend themselves against the power and encroachments of others was their next. Thus did their collective exi- Origin of go * Montefq. Spirit of Laws, b. i. 26. D gencies vernment. The rights of individuals in the fate of nature transferred to the commu. iociety. gencies enforce the neceffity of order and government. It is a poftulatum, that when men formed themselves into fociety, their natural rights were not given up nor destroyed, but were nity in that of transferred only from the individual to the 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 constitution and particular laws of each state muft 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 fubjected 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 fecurity 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 confent 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 necef. fary 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 fhould 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 pofitive 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 course 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 society, to submit to the determination of the majority, and to be concluded by it; or elfe 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 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 exprefsly agreed in any number less 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 What conftitutes begins and actually conftitutes any political a community and lawful go- fociety, is nothing but the consent of any vernment. number |