Propriety Of A Subject Excludes Not The Dominion Of The Soveraign, But Onely Of Another Subject
>From whence we may collect, that the Propriety which a subject hath in his lands, consisteth in a right to exclude all other subjects from the use of them; and not to exclude their Soveraign, be it an Assembly, or a Monarch. For seeing the Soveraign, that is to say, the Common-wealth (whose Person he representeth,) is understood to do nothing but in order to the common Peace and Security, this Distribution of lands, is to be understood as done in order to the same: And consequently, whatsoever Distribution he shall make in prejudice thereof, is contrary to the will of every subject, that committed his Peace, and safety to his discretion, and conscience; and therefore by the will of every one of them, is to be reputed voyd. It is true, that a Soveraign Monarch, or the greater part of a Soveraign Assembly, may ordain the doing of many things in pursuit of their Passions, contrary to their own consciences, which is a breach of trust, and of the Law of Nature; but this is not enough to authorise any subject, either to make warre upon, or so much as to accuse of Injustice, or any way to speak evill of their Soveraign; because they have authorised all his actions, and in bestowing the Soveraign Power, made them their own. But in what cases the Commands of Soveraigns are contrary to Equity, and the Law of Nature, is to be considered hereafter in another place.
>The seventh Doctrine opposite to Government, is this, That each subject hath an absolute Dominion over the goods he is in possession of. That is to say, such a propriety as excludes not only the right of all the rest of his fellow−subjects to the same goods, but also of the Magistrate himself. Which is not true; for they who have a Lord over them, have themselves no Lordship, as hath been proved, Chap. 8. Artic. 5. Now the Magistrate is Lord of all his Subjects, by the constitution of Government. Before the yoke of Civill Society was undertaken, no man had any Proper Right; all things were common to all men. Tell me therefore, how gottest thou this propriety but from the Magistrate? How got the Magistrates it, but that every man transferred his Right on him? And thou therefore hast also given up thy Right to him; thy Dominion therefore, and Propriety, is just so much as he will, and shall last so long as he pleases; even as in a Family, each Son hath such proper goods, and so long lasting, as seeme good to the Father. But the greatest part of men who professe Civill Prudence, reason otherwise; we are equall (say they) by nature; there is no reason why any man should by better Right take my goods from me, than I his from him; we know that mony sometimes is needfull for the defence and maintenance of the publique; but let them, who require it, shew us the present necessity, and they shall willingly receive it. They who talk thus, know not, that what they would have, is already done from the beginning in the very constitution of Government, and therefore speaking as in a dissolute multitude, and yet not fashioned Government, they destroy the frame.
>Farthermore, its necessarily requisite to the peoples defence, that they be fore−armed. Now to be fore−armed is to be furnisht with Souldiers, Armes, Ships, Forts and Monies, before the danger be instant; for the listing of Souldiers, and taking up of Armes after a blow is given, is too late at least, if not impossible. In like manner, not to raise Forts, and appoint Garrisons in convenient places, before the Frontiers are invaded, is to be like those Country Swains (as Demosthenes said) who ignorant of the art of Fencing, with their Bucklers guarded those parts of the body where they first felt the smart of the strokes. But they who think it then seasonable enough to raise Monies for the maintenance of Souldiers, and other Charges of War, when the danger begins to shew itself, they consider not surely how difficult a matter it is to wring suddenly out of close−fisted men so vast a proportion of Monies; for almost all men, what they once reckon in the number of their goods, doe judge themselves to have such a right and propriety in it, as they conceive themselves to be injured whensoever they are forced to employ but the least part of it for the publique good
>Now a sufficient stock of monies to defend the Country with Armes, will not soon be raised out of the treasure of Imposts, and Customes; we must therefore, for fear of War, in time of Peace hoord up good summs, if we intend the safety of the Common−weal. Since therefore it necessarily belongs to Rulers for the Subjects safety to discover the Enemies Counsell, to keep Garrisons, and to have Money in continuall readinesse, and that Princes are by the Law of Nature bound to use their whole endeavour in procuring the welfare of their Subjects, it followes, that its not onely lawfull for them to send out Spies, to maintain Souldiers, to build Forts, and to require Monies for these purposes, but also, not to doe thus, is unlawfull. To which also may be added, whatsoever shall seeme to conduce to the lessening of the power of foreigners whom they suspect, whether by sleight, or force. For Rulers are bound according to their power to prevent the evills they suspect, lest peradventure they may happen through their negligence.
>The fourth opinion (viz.): that subjects have their meum, tuum, and suum, in property, not only by virtue of the sovereign power over them all, distinct from one another, but also against the sovereign himself, by which they would pretend to contribute nothing to the public, but what they please, hath been already confuted
>For the second grievance concerning meum and tuum, it is also none, but in appearance only. It consisteth in this, that the sovereign power taketh from him that which he used to enjoy, knowing no other propriety, but use and custom. But without such sovereign power, the right of men is not propriety to any thing, but a community; no better than to have no right at all, as hath been shewed Part I. chap. XIV, sect. 10. Propriety therefore being derived from the sovereign power, is not to be pretended against the same; especially when by it every subject hath his propriety against every other subject, which when sovereignty ceaseth, he hath not, because in that case they return to war amongst themselves. Those levies therefore which are made upon men’s estates, by the sovereign authority, are no more but the price of that peace and defence which the sovereignty maintaineth for them. If this were not so, no money nor forces for the wars or any other public occasion, could justly be levied in the world; for neither king, nor democracy, nor aristocracy, nor the estates of any land, could do it, if the sovereignty could not. For in all those cases, it is levied by virtue of the sovereignty; nay more, by the three estates here, the land of one man may be transferred to another, without crime of him from whom it was taken, and without pretence of public benefit; as hath been done. And this without injury, because done by the sovereign power; for the power whereby it is done, is no less than sovereign, and cannot be greater. Therefore this grievance for meum and tuum is not real; unless more be exacted than is necessary. But it seemeth a grievance, because to them that either know not the right of sovereignty, or to whom that right belongeth, it seemeth an injury; and injury, how light soever the damage, is always grievous, as putting us in mind of our disability to help ourselves.