vantage of their abfence, and having ufurp ed the occupation of their property, would endeavour to maintain it against the first oc cupant, and lawful owner.

Nature would direct the party difpoffef fed, to ufe all means in his power for the re covery of his right. If he was confcious of fuperior or equal ftrength, he would attempt to regain it by force; if not, he would have recourfe to ftratagem.

In time, however, men would grow fenfible, that where force or cunning was the meafure of right, there could be no fuch thing as any permanent property. Even the most powerful would difcover that their fuperior ftrength or courage, conferred no lafting pre-eminence. They would find, that though it procured them imme diate advantages, yet it was not effectual to preserve those advantages when gained. They would perceive, that many circumftances concurred, which placed men, weaker than themfelves, ultimately up on an equality with them. They would.

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find,

find, that they were liable to be conquered or injured by ftratagem, that they might be affaulted from ambushes, or attacked in their fleep. In short, they would quickly be made fenfible, that Nature has furnished every man with power to avenge his wrongs, and that the weakeft, by watching opportunities, is mafter over the person of the strongest.

Thus the nature of things would teach men, that, the best title to peace and fecu rity, is to do juftice. But though the light of reafon points out the truth of this axiom to every intelligent being, and though it is a principle which no one can contravert, yet all will not make it the rule of their practice: Amidft the tumult of unruly appetites, this principle too often escapes attention, or makes but faint and inadequate impreffions.

Human Nature is compounded of Reafon and Paffion. The latter impels us to action; the former is to direct our actions to right ends. Paffion prompts us to pur

fue

fue fome immediate and apparent good: Reafon prefents a profpect of real and remoter advantages. But the far greater part aim at present gratification; without regard to the rights of others, or of their own fu ture interest:I fay their own future intereft, for it has been fhewn, that, apart from all focial or civil compacts, it is every man's intereft to be juft; fince from the equality which Nature has ultimately eftablished among men, no one can expect that his injuftice will long remain unpunished. And it is evident, from the Light of Nature, that every wicked man must be also a weak

man,

But as all men have not the fame capacity to perceive their true intereft, or fufficient, command over their paffions to purfue it, the immediate influence of ungoverned appeB tite would expose the greater part to fre quent temptations of injuring each other; and injury on one fide, would naturally occafion refiftance, and provoke vengeance on the other, fo that men would neceffarily live in a ftate of inquietude and hof-, tility,

tility, while the right of private revenge fubfifted. Jo

The inconvenience and misery of such a state, first taught men the necessity of apr pealing to fome indifferent and unprejudiced party, who might compofe the differences between them, and redress, their wrongs for reason inclines every man to wish for a Atate of peace, & dife will to

This leads us to inquire into the origin and progrofs of jurifdiction.

CHAP. IX.

Of the Origin of Jurifdiction.

IT has already been fhewn, that a focial

state must have exifted prior to any civil fociety and if we refort to the con dition of our firft parents, we must conclude, that Nature having given them power over their offspring, parental Will

was

was the fole Rule of Law which directed their children's conduct. When their pro geny, however, attained to years of maturity, the parental authority neceffarily ceased. It seems reasonable nevertheless to imagine, that parents ftill continued to exercife that kind of dominion, by virtue of their authority, which they before maintained by realon of their power. Children who had long been accuftomed to obey, would not immediately withdraw themselves from subjection,dalah mat Jura lo di Hus &

กา

The maintenance of parental authority, however, muft have depended on the dif pofitions of the children; and as their nature was more or lefs mild and tractable, the parental authority was more or lefs extenfive and durable. For fome are by nature fo ferocious and untractable, as not to be reftrained by mere authority, without power. 2 on L

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If a difference arofe, between two who lived in the fame family, it would neceffarily be referred to the pater familias, and