[§ 2. Of the Nature of Government and its Progress in the first Ages of Society.]

We shall now endeavour to explain the nature of government, its different forms, what circumstances gave occasion for it, and by what it is maintained.

The forms of government, however various, may not improperly be reduced to these three, monarchical, aristocratical, and democratical. These may be blended in a great number of ways, and we usually denominate the government from that one which prevails.

Monarchical government is where the supreme power and authority is vested in one who can do what he pleases, make peace and war, impose taxes, and the like.

Aristocratical government is where a certain order of people in the state, either of the richest or of certain families, have it in their power to choose magistrates who are to have the management of the state.

Democratical government is where the management of affairs belongs to the whole body of the people together.

These two last forms may be called republican, and then the division of government is into monarchical and republican.

To acquire proper notions of government it is necessary to consider the first form of it, and observe how the other forms arose out of it.

In a nation of hunters there is properly no government at all1. The society consists of a few independent families Edition: current; Page: [15] who live in the same village and speak the same language, and have agreed among themselves to keep together for their mutual safety, but they have no authority one over another. The whole society interests itself in any offence; if possible they make it up between the parties, if not they banish from their society, kill or deliver up to the resentment of the injured him who has committed the crime1. But this is no regular government, for though there may be some among them who are much respected, and have great influence in their determinations, yet he never can do anything without the consent of the whole.

Thus among hunters there is no regular government, they live according to the laws of nature.

The appropriation of herds and flocks which introduced an inequality of fortune, was that which first gave rise to regular government2. Till there be property there can be no government, the very end of which is to secure wealth, and to defend the rich from the poor3. In this age of shepherds, if one man possessed 500 oxen, and another had none at all, unless there were some government to secure them to him, he would not be allowed to possess them. This inequality of fortune, making a distinction between the rich and the poor, gave the former much influence over the latter, for they who had no flocks or herds must have depended on those who had them, because they could not now gain a subsistence from hunting, as the rich had made the game, now become tame, their own property. They therefore who had appropriated a number of flocks and herds, necessarily Edition: current; Page: [16] came to have great influence over the rest; and accordingly we find in the Old Testament that Abraham, Lot, and the other patriarchs were like little petty princes. It is to [be] observed that this inequality of fortune in a nation of shepherds occasioned greater influence than in any period after that. Even at present, a man may spend a great estate, and yet acquire no dependents. Arts and manufactures are increased by it, but it may make very few persons dependent. In a nation of shepherds it is quite otherways. They have no possible means of spending their property, having no domestic luxury, but by giving it in presents to the poor, and by this means they attain such influence over them as to make them, in a manner, their slaves1.

We come now to explain how one man came to have more authority than the rest, and how chieftains were introduced. A nation consists of many families who have met together, and agreed to live with one another. At their public meetings there will always be one of superior influence to the rest, who will in a great measure direct and govern their resolutions, which is all the authority of a chieftain in a barbarous country. As the chieftain is the leader of the nation, his son naturally becomes the chief of the young people, and on the death of his father succeeds to his authority. Thus chieftainship becomes hereditary. This power of chieftainship comes in the progress of society to be increased by a variety of circumstances. The number of presents which he receives, increase his fortune, and consequently his authority; for amongst barbarous nations nobody goes to the chieftain, or makes any application for his interest, without something in his hand. In a civilized nation the man who gives the present is superior to the person who receives it, but in a barbarous nation the case is directly opposite.

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We shall now consider the different powers which naturally belong to government, how they are distributed, and what is their progress in the first periods of society.

The powers of government are three, to wit, the legislative, which makes laws for the public good: the judicial, or that which obliges private persons to obey these laws, and punishes those who disobey: the executive, or as some call it, the federal power, to which belongs the making war and peace1.

All these powers in the original form of government belonged to the whole body of the people. It was indeed long before the legislative power was introduced, as it is the highest exertion of government to make laws and lay down rules to bind not only ourselves, but also our posterity, and those who never gave any consent to the making them. As for the judicial power, when two persons quarrelled between themselves, the whole society naturally interposed, and when they could not make up matters, turned them out of the society. During this early age crimes were few2, and it was long before the punishment was made equal to the crime.

Cowardice and treason were the first crimes punished, for cowardice among hunters is considered as treason, because when they went out in small numbers, if their enemy attacked them, and some of their party deserted them, the rest might suffer by it, and therefore they who deserted were punished for treason.

The priest generally inflicted the punishment, as it were by command of the gods, so weak at that time was government. The power of making peace and war in like manner belonged to the people, and all the heads of families were consulted about it.

Though the judicial power which concerns individuals Edition: current; Page: [18] was long precarious, the society first interposing as friends and then as arbitrators, the executive power came very soon to be exerted absolutely. When any private quarrel happens concerning the property of this cow, or of that ox, society is not immediately concerned, but it is deeply interested in making peace and war. In the age of shepherds this power is absolutely exerted. In Great Britain we can observe vestiges of the precariousness of the judicial power, but none of the executive. When a criminal was brought to trial, he was asked how he would choose that his cause should be decided, whether by combat, the ordeal trial, or the laws of his country. The society only obliged him not to disturb them in the decision. In England the question still remains, though the answer is not now arbitrary1. It was very common in the ruder ages to demand a trial by dipping their hands in boiling water, by means of which almost every one was found innocent, though now scarce any one would escape by this means. When people were constantly exposed to the weather, boiling water could have little effect upon them, though now, when we are quite covered, it must have a contrary effect2. This choice of trial shows the weakness of the judicial laws. We find that the judicial combat continued in England as late as the days of Queen Elizabeth3. It has now worn out gradually and insensibly without so much as a law or a rule of court made against it.

In the periods of hunters and fishers, and in that of shepherds, as was before observed, crimes are few; small crimes passed without any notice. In those ages no controversies arose from interpretations of testaments, settlements, contracts, which render our law-suits so numerous, Edition: current; Page: [19] for these were unknown among them. When these took place and difficult trades began to be practised, controversies became more frequent, but as men were generally employed in some branch of trade or another, without great detriment to themselves they could not spare time to wait upon them. All causes must be left undecided, which would be productive of every inconvenience, or they must fall upon some other method more suitable to the several members of society. The natural means they would fall upon would be to choose some of their number to whom all causes should be referred. The chieftain who was before this distinguished by his superior influence, when this comes to be the case, would preserve his wonted precedence, and would naturally be one of those who were chosen for this purpose. A certain number would be chosen to sit along with him, and in the first ages of society this number was always considerable1. They would be afraid to trust matters of importance to a few, and accordingly we find that at Athens there were 500 judges at the same time2. By this means the chieftain would still further increase his authority, and the government would appear in some degree monarchical. But this is only in appearance, for the final decision is still in the whole body of the people, and the government is really democratical.

The power of making peace and war, as was before observed, was at first lodged in the whole body of the people. But when society advanced [and] towns were fortified, magazines prepared, stocks of money got together, generals and officers appointed, the whole body of the people could not attend to deliberations of this kind. This province would either fall to the court of justice, or Edition: current; Page: [20] there would be another set of people appointed for this purpose, though it would naturally at first fall to the court of justice. This is properly called the senatorial power, which at Rome took care of the public revenue, public buildings, and the like. But afterwards at Rome, the court of justice and the senatorial one became quite distinct. The same may be said of the Areopagite court at Athens.

We shall now make some observations on nations in the two first periods of society. Those, viz. of hunters and shepherds.

In a nation of hunters and fishers few people can live together, for in a short time any considerable number would destroy all the game in the country, and consequently would want a means of subsistence. Twenty or thirty families are the most that can live together, and these make up a village. But as they live together for their mutual defence, and to assist one another, their villages are not far distant from each other. When any controversy happens between persons of different villages, it is decided by a general assembly of both villages. As each particular village has its own leader, so there is one who is the leader of the whole nation. The nation consists of an alliance of the different villages, and the chieftains have great influence on their resolutions, especially among shepherds. In no age is antiquity of family more respected than in this. The principle of authority operates very strongly, and they have the liveliest sense of utility in the maintenance of law and government.

The difference of the conduct of these nations in peace and war is worth our observation.

The exploits of hunters, though brave and gallant, are never very considerable. As few of them can march together, so their number seldom exceeds 200 men, and even these cannot be supported above fourteen days. There is therefore very little danger from a nation of hunters. Our colonies are much afraid of them without any just grounds. Edition: current; Page: [21] They may indeed give them some trouble by their inroads and excursions, but can never be very formidable1. On the other hand a much greater number of shepherds can live together. There may be a thousand families in the same village. The Arabs and Tartars, who have always been shepherds, have on many occasions made the most dreadful havoc. A Tartar chief is extremely formidable, and when one of them gets the better of another, there always happens the most dreadful and violent revolutions. They take their whole flocks and herds into the field along with them, and whoever is overcome loses both his people and wealth. The victorious nation follows its flocks, and pursues its conquest, and if it comes into a cultivated country with such numbers of men, it is quite irresistible. It was in this manner that Mahomet ravaged all Asia2.

There is a very great difference betwixt barbarous nations and those that are a little civilized. Where the land is not divided, and the people live in huts which they carry about with them, they can have no attachment to the soil, as all their property consists in living goods which they can easily carry about with them. On this account barbarous nations are always disposed to quit their country. Thus we find such migrations among the Helvetii, Teutones, and Cimbrians. The Huns, who dwelt for a long time on the north side of the Chinese wall, drove out the Astrogoths on the other side of the Palus Maeotis, they again the Wisigoths, &c.