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were very likely to submit to his punishment; and all join with him against the offender; in their turns; giving him thereby
power to execute his sentence against any transgression; and so in effect make him the law…maker; and governor over all that remained in conjunction with his family。 He was fittest to be trusted; paternal affection secured their property and interest under his care; and the custom of obeying him; in their childhood; made it easier to submit 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 so 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; less fit for rule; or where several families met; and consented to continue together; there; it is not to be doubted; but they used their natural freedom; to set up him; whom they judged the ablest; 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 swords; and spreading domination of the two great empires of Peru and Mexico) enjoyed their own natural freedom; though; caeteris paribus; they commonly prefer the heir of their deceased king; yet if they find him any way weak; or uncapable; they pass him by; and set up the stoutest and bravest man for their ruler。 Sec。 106。 Thus; though looking back as far as records give us any account of peopling the world; and the history of nations; we commonly find the government to be in one hand; yet it destroys not that which I affirm; viz。 that the beginning of politic society depends upon the consent of the individuals; to join into; and make one society; who; when they are thus incorporated; might set up what form of government they thought fit。 But this having given occasion to men to mistake; and think; that by nature government was monarchical; and belonged to the father; it may not be amiss here to consider; why people in the beginning generally pitched upon this form; which though perhaps the father's pre…eminency might; in the first institution of some commonwealths; give a rise to; and place in the beginning; the power in one hand; yet it is plain that the reason; that continued the form of government in a single person; was not any regard; or respect to paternal authority; since all petty monarchies; that is; almost all monarchies; near their original; have been commonly; at least upon occasion; elective。 Sec。 107。 First then; in the beginning of things; the father's government of the childhood of those sprung from him; having accustomed them to the rule of one man; and taught them that where it was exercised with care and skill; with affection and love to those under it; it was sufficient to procure and preserve to men all the political happiness they sought for in society。 It was no wonder that they should 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 easy and safe。 To which; if we add; that monarchy being simple; and most obvious to men; whom neither experience had instructed in forms of government; nor the ambition or insolence of empire had taught to beware of the encroachments of prerogative; or the inconveniences of absolute power; which monarchy in succession was apt to lay claim to; and bring upon them; it was not at all strange; that they should not much trouble themselves to think of methods of restraining any exorbitances of those to whom they had given the authority over them; and of balancing the power of government; by placing several parts of it in different hands。 They had neither felt the oppression of tyrannical dominion; nor did the fashion of the age; nor their possessions; or way of living; (which afforded little matter for covetousness or ambition) give them any reason to apprehend or provide against it; and therefore it is no wonder they put themselves into such a frame of government; as was not
only; as I said; most obvious and simple; but also best suited to their present state and condition; which stood more in need of defence against foreign invasions and injuries; than of multiplicity of laws。 The equality of a simple poor way of living; confining their desires within the narrow bounds of each man's small property; made few controversies; and so no need of many laws to decide them; or variety of officers to superintend the process; or look after the execution of justice; where there were but few trespasses; and few offenders。 Since then those; who like one another so well as to join into society; cannot but be supposed to have some acquaintance and friendship together; and some trust one in another; they could not but have greater apprehensions of others; than of one another: and therefore their first care and thought cannot but be supposed 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 chuse the wisest and bravest man to conduct them in their wars; and lead them out against their enemies; and in this chiefly be their ruler。 Sec。 108。 Thus we see; that the kings of the Indians in America; which is still a pattern of the first ages in Asia and Europe; whilst the inhabitants were too few for the country; and want of people and money gave men no temptation to enlarge their possessions of land; or contest for wider extent of ground; are little more than generals of their armies; and though they command absolutely in war; yet at home and in time of peace they exercise very little dominion; and have but a very moderate sovereignty; the resolutions 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 sole authority。 Sec。 109。 And thus in Israel itself; the chief business of their judges; and first kings; seems to have been to be captains in war; and leaders of their armies; which (besides what is signified 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 story of lephtha。 The Ammonites making war upon Israel; the Gileadites in fear send to lephtha; a bastard of their family whom they had cast off; and article with him; if he will assist them against the Ammonites; to make him their ruler; which they do in these words; And the people made him head and captain over them; Judg。 xi; ii。 which was; as it seems; all one as to be judge。 And he judged Israel; judg。 xii。 7。 that is; was their captain…general six years。 So when lotham upbraids the Shechemites with the obligation they had to Gideon; who had been their judge and ruler; he tells them; He fought for you; and adventured his life far; and delivered you out of the hands of Midian; Judg。 ix。 17。 Nothing mentioned of him but what he did as a general: and indeed that is all is found in his history; or in any of the rest of the judges。 And Abimelech particularly is called king; though at most he was but their general。 And when; being weary of the ill conduct of Samuel's sons; the children of Israel desired a king; like all the nations to judge them; and to go out before them; and to fight their battles; I。 Sam viii。 20。 God granting their desire; says to Samuel; I will send thee a man; and thou shalt anoint him to be captain over my people Israel; that he may save my people out of the hands of the Philistines; ix。 16。 As if the only business of a king had been to lead out their armies; and fight in their defence; and accordingly at his inauguration pouring a vial of oil upon him; declares to Saul; that the Lord had anointed him to be captain over his inheritance; x。 1。 And therefore those; who after Saul's being solemnly chosen and saluted king by the tribes at Mispah; were unwilling to have him their king; made no other objection but this; How shall this man save us? v。 27。 as if they should have said; this man is unfit to be our king; not
having skill and conduct enough in war; to be able to defend us。 And when God resolved to transfer the government to David; it is in these words; But now thy kingdom shall not continue: the Lord hath sought him a man after his own heart; and the Lord hath commanded him to be captain over his people; xiii。 14。 As if the whole kingly authority were nothing else but to be their general: and therefore the tribes who had stuck to Saul's family; and opposed David's reign; when they came to Hebron with terms of submission to him; they tell him; amongst other arguments they had to submit to him as to their king; that he was in effect their king in Saul's time; and therefore they had no reason but to receive him as their king now。 Also (say they) in time past; when Saul was ki