The Whole Duty of Man, According to the Law of Nature

Chap. 15. Of the Power of Gov ernours over the Goods of their Subjects, p. 236

236 the whole duty of man tences beget a perfect Right in any Prince or State to have the Precedence of others, unless the same has been first obtained by Concession or Treaty. Amongst Subjects, the Degree of Honour is determined by the Prince, who wisely therein regards the Excellency of each Person, and his Ability to advance the publick Good. And whatever Honour a Subject receives in this Nature, as he may justly claim it against his Fellow-Subject, so he ought no less to satisfie himself in the quiet Enjoyment of it. u c h a p t e r x v u Of the Power of Governours over the Goods of their Subjects As it wholly lies at the Pleasure of supreme Governours, to appoint with what Restriction they will allow their Subjects to have Power over the Goods which themselves derive upon them; so also over the Goods of the Subjects own acquiring by their proper Industry or otherwise, the said Governours claim a threefold Kind of Right, resulting from the Nature , and as being necessary to the End, of Communities.70 Their First, consists in this; That it belongs to them to prescribe Laws to the Subjects, about the Measure and Quality of their Possessions; and which way to transfer the same from Hand to Hand, with other Particulars of the like Nature; and how to apply them in the Use to the best Advantage of the whole Body. 70. Originally: sovereigns have three kinds of right over the property of citizens, in accordance with the nature and purpose of the state. XVI. Amongst Subjects. L. N. N. l. 8. c. 4. §24. I. Threefold. L. N. N. l. 8. c. 5. §1. II. By Laws. L. N. N. l. 8. c. 5. §3. according to the law of nature 237 By the Second, they claim to appropriate to themselves, out of the Goods of the Subjects, a Portion by the Name of Tribute and Customs. And it is but reasonable, that since the Lives and Fortunes of all the Members are defended by the Community, the necessary Charges thereof should be defrayed by a general Contribution. For he must be very impudent indeed, who will enjoy the Protection and Priviledges of a Place, and yet contribute nothing in Goods or Service towards its Preservation. Only herein there will be great Occasion for Governours to accommodate themselves with Prudence to the querulous Temper of common People; and let them endeavour to levy the Money the most insensibly that they can: Observing first an Equality towards all, and then to lay the Taxes rather upon the smaller Commodities of various Kinds, than upon the Chief in a more uniform Way. The Third, is a *Right of Extraordinary Dominion, consisting in this; That upon an urgent Necessity of State, the Goods of any Subject, of which the present Occasion has need, may be taken and applied to publick Uses, tho’ far exceeding the Proportion, that the Party is bound to contribute towards the Expences of the Common-wealth, For which Reason, as much (if it be possible) ought to be refunded to him again, either out of the publick Stock, or by the Contribution of the Rest of the Subjects. Beside these three Pretensions over the private, in divers Communities there are some particularly call’d, the publick Estate; which carry also the Name of the Kingdom’s, or the Prince’s Patrimony, according as they are distributed into the Treasury or the Privy Purse. The Latter serves for the Maintenance of the Prince and his Family; who has a Property in it during Life, and may dispose of the Profits thence arising at his Pleasure : But the Use of the Other is appropriated for the publick Occasions of the Kingdom; the Prince officiating therein as Administrator only, and standing obliged to apply all to the Purposes to which they III. By Taxes and Customs. L. N. N. l. 8. c. 5. §4. IV. By Seisure for publick Use extraordinary . L. N. N. l. 8. c. 5. §7. V. Publick Revenues unalienable . L. N. N. l. 8. c. 5. §9. *Grotius de Jure B. & P. L. 1. c. 1. §6. L. 2. c. 14. §7. L. 3. c. 19. §7. Junct. l. 3. c. 1. §15. 238 the whole duty of man are designed. And neither of the two Patrimonies can be alienated by...