if the fifth Axiom had been Confulted, viz. If to two equal Powers which regard the Jame End, a Power be added to one, which the other has not, that Power is Superior to the other: I fay therefore no fuch Superior Power can be given to the Representative, for the above-mention'd Reasons; for he can do no more than the Perfon could before, whom he Represents.

That the Power of Life and Death cou'd not be in fuch Perfons in a State of Nature, may easily be prov'd.

God, when he Created Man, made both Body and Soul to Conftitute one Perfon, and I believe none will difpute but Cain was guilty of the Breach of a Divine Law, or of the Law of Nature, when he deftroy'd his Brother Abel. If therefore any Person in those days was particularly Commiffion'd to take away the Life of another Perfon, fuch Commiffion must be Authoriz'd either by the Laws of God or Man; Human Laws are excluded by our Hypothefes, and the particular Perfon fo Commiffion'd by Divine Law, must be mark'd out by Divine Revelation. But even this Suppofition produces fuch an inequality as is inconfiftent also with the Hypothefes.

But if all Perfons were equally Commiffion'd, Cain put Abel legally to death, however crosgrain'd the Fact seem'd to be.

But

But I look upon a Man who pretends to violate the Will of God, as guilty of the Breach of a Divine Law, because the Will of God is a Law to the whole Creation. But as the whole Creation was made for the fake of Man, and he is Lord and Proprietor of the Goods of Life, another Man who is equal Lord and Proprietor of the Goods of Life, can have no Superior Property in the Life of that Man, by Axiom 8th, if one Power can be refrain'd by another, the latter is Superior. But this Superiorty is against the Hypothefes, but I take it for granted, no body will deny that Death is a very powerful Restraint.

But fome will urge, that the putting a Man to death in my own defence, gives me power over the Life of another.

But ftill this is equality of Power, because he has the fame Right over mine, if I fhould affault him in the fame violent manner.

But this Right of destroying my Adverfary, to preferve my own Life, proceeds from a Divine Law which intirely overturns my Adverfaries Hypothefes. For it proceeds from the Light of Nature in my Breaft, which tells me that my Life is not my own, but God's, who gave it, and that I am an fwerable for any Neglect of mine in not prefer

See, Elements of Policy. Def. 7.

ving

ving the fame. My killing him is Acciden tal in the discharge of my Duty. But if we put the Cafe that he falls alive into my Power, and I had the ftrongeft Affurities that he either wou'd not or cou'd not make a fecond Attempt, I fhould have no Power to pronounce a Judicial Sentence upon him as a Malefactor, and Execute him upon a Neighbouring Tree. And this is the Power we Contend for in a Magiftrate.

We are not fuppos'd to refign even to Magiftrates the Power of felf-defence in a lawful way. This therefore is not the Power of Life and Death invested in a Magiftrate, becaufe no particu lar Power is thereby deriv'd to him, but 'tis a Superior Power he enjoys, 'tis a Power which we cannot have in a State of Nature, to put Men judicially to Death for Crimes committed.

You cannot put a Magiftrate to Death, to preferve your own Life, even by your own Hypothefes; for if you refign to him the Right of defending your felf in the fame manner as you could only defend your felf in a State of Nature, you have either refign'd that Power of felf-defence, or you have refign'd nothing; and confequently you cannot take away the Life of one who demands the privilege of cutting your Throat; to fuch a pafs is the Argument by this time reduc'd. But if the Magiftrate's obligation is only to afflift you with his united Powers

if

if your Life fhould be in danger, no new Right accrues to him hereby, because nothing is refign'd to him.

I am perfwaded, that thus far I have proceeded fafe, I am confident I tread upon no Ground that fhakes under me; but what I have faid, is Built upon the most common and obvious Principles.

The Coralary was, that all Men are still in a State of Equality. This Coralary deferves to be infifted upon, becaufe 'tis alone fufficient if prov'd, to put an end to the the Difpute.

d

I do from this Coralary affert, That there is no Medium between the Doctrine of Unlimited, Paffive Obedience to the Supream Power, and a perfect State of Nature; for, as I have prov'd before, my own Act of Creating a Representative, does not give him a Power over another Person; and if he Represents a greater Number of Perfons, the Power that he borrows from me, refpects none but my felf.

Therefore if in a State of Nature I had a -Right to all things, I have the fame ftill: If my Reprefentative undertakes never fo many Trufts, he fhall not give away my Right; and if I caft my Eye upon a goodly Lordship, or Mannor, or upon a Purfe in the Road, the Civil Magiftrate under pain of Breach of Truft, is oblig'd to affift me

Ain

in procuring the fame. I may Compound indeed for my Protection, to defift from fuch Extenfive Demands, but I am not tied down to this Compofition any longer than I please, because no Human Power on Earth can be the Umpire in this Contract, for the Umpire must be a Superior Power, which this Representative cannot be, as appears from what has been already faid; for he has no Power but what he borrows from me: The Obligation therefore proceeds from my felf alone, which I can diffolve at my Plea fure.

From hence I drew the last Corolary, That the King can make no Contracts to oblige hisPeople; whatever he does in that Cafe, can be Obligatory nootherwise,than as it is the Act of every individual; which is in effect no more obligation, than what the individual pleases to impofe upon himself.

I Conclude from what has been faid, that the fuppofition of a State of Nature, makes us in a State of Nature ftill, all the Imaginary Contracts made fince, are no ftronger than the green Wyths with which Sampfon was bound, which he could break at his pleasure.

The Second Propofition States more fully the Nature of a Reprefentative, which certainly conduces very much to the settling our Question.

The