The Online Library of Liberty

A project of Liberty Fund, Inc.

• Introduction
• Note On the Text
• Acknowledgments
• Volume 1: The Principles of Natural Law
• Part I: General Principles of Right.
• Chapter I: Of the Nature of Man Considered With Regard to Right: of the Understanding, and Whatever Is Relative to This Faculty.
• Chapter II: Continuation of the Principles Relative to the Nature of Man. of Will and Liberty.
• Chapter III: That Man Thus Constituted, Is a Creature Capable of Moral Direction, and Accountable For His Actions.
• Chapter IV: Further Inquiry Into What Relates to Human Nature, By Considering the Different States of Man.
• Chapter V: That Man Ought to Square His Conduct By Rule; the Method of Finding Out This Rule; and the Foundations of Right In General.
• Chapter VI: General Rules of Conduct Prescribed By Reason. of the Nature and First Foundations of Obligation.
• Chapter VII: Of Right Considered As a Faculty, and of the Obligation Thereto Corresponding.
• Chapter Viii *: of Law In General.
• Chapter IX: Of the Foundation of Sovereignty, Or the Right of Commanding.
• Chapter X: Of the End of Laws; of Their Characters, Differences, &c.
• Chapter XI: Of the Morality of Human Actions. *
• Part II: Of the Law of Nature.
• Chapter I: In What the Law of Nature Consists, and That There Is Such a Thing. First Considerations Drawn From the Existence of God and His Authority Over Us.
• Chapter II: That God, In Consequence of His Authority Over Us, Has Actually Thought Proper to Prescribe to Us Laws Or Rules of Conduct.
• Chapter III: Of the Means By Which We Discern What Is Just and Unjust, Or What Is Dictated By Natural Law; Namely, 1. Moral Instinct, and 2. Reason.
• Chapter IV: Of the Principles From Whence Reason May Deduce the Law of Nature. *
• Chapter V: That Natural Laws Have Been Sufficiently Notified; of Their Proper Characteristics, the Obligation They Produce, &c.
• Chapter VI: Of the Law of Nations.
• Chapter VII: Whether There Is Any Morality of Actions, Any Obligation Or Duty, Antecedent to the Laws of Nature, and Independent of the Idea of a Legislator? 1
• Chapter VIII: Consequences of the Preceding Chapter: Reflections On the Distinctions of Just, Honest, and Useful.
• Chapter IX: Of the Application of Natural Laws to Human Actions; and First of Conscience. †
• Chapter X: Of the Merit and Demerit of Human Actions; and of Their Imputation Relative to the Laws of Nature. *
• Chapter XI: Application of Those Principles to Different Species of Actions, In Order to Judge In What Manner They Ought to Be Imputed.
• Chapter XII: Of the Authority and Sanction of Natural Laws † and 1. of the Good Or Evil That Naturally and Generally Follows From Virtue Or Vice.
• Chapter XIII: Proofs of the Immortality of the Soul. That There Is a Sanction, Properly So Called, In Respect to Natural Law. 1
• Chapter XIV: That the Proofs We Have Alledged Have Such a Probability and Fitness, As Renders Them Sufficient to Fix Our Belief, and to Determine Our Conduct.
• Volume 2: The Principles of Politic Law
• Part I: Which Treats of the Origin and Nature of Civil Society, of Sovereignty In General, of Its Peculiar Characteristic, Limitations, and Essential Parts.
• Chapter I: Containing a Few General and Preliminary Reflections, Which Serve As an Introduction to This and the Following Parts.
• Chaper II: Of the Real Origin of Civil Societies.
• Chapter III: Of the Right of Congruity Or Fitness With Regard to the Institution of Civil Society, and the Necessity of a Supreme Authority: of Civil Liberty; That It Is Far Preferable 1 to Natural Liberty, and That the State Is of All Human Conditions
• Chapter IV: Of the Essential Constitution of States, and of the Manner In Which They Are Formed.
• Chapter V: Of the Sovereign, Sovereignty, and the Subjects.
• Chapter VI: Of the Immediate Source, and Foundation of Sovereignty.
• Chapter VII: Of the Essential Characters of Sovereignty, Its Modifications, Extent, and Limits.
• Chapter VIII: Of the Parts of Sovereignty, Or of the Different Essential Rights Which It Includes.
• Part II: In Which Are Explained the Different Forms of Government, the Ways of Acquiring Or Losing Sovereignty, and the Reciprocal Duties of Sovereigns and Subjects.
• Chapter I: Of the Various Forms of Government.
• Chapter II: An Essay On This Question, Which Is the Best Form of Government?
• Chapter III: Of the Different Ways of Acquiring Sovereignty.
• Chapter IV: Of the Different Ways of Losing Sovereignty.
• Chapter V: Of the Duties of Subjects In General.
• Chapter VI: Of the Inviolable Rights of Sovereignty, of the Deposing of Sovereigns, of the Abuse of the Supreme Power, and of Tyranny.
• Chapter VIII: Of the Duty 1 of Sovereigns.
• Part III: A More Particular Examination of the Essential Parts of Sovereignty, Or of the Different Rights of the Sovereign, With Respect to the Internal Administration of the State, Such As the Legislative Power, the Supreme Power In Matters of Religion,
• Chapter I: Of the Legislative Power, and the Civil Laws Which Arise From It.
• Chapter II: Of the Right of Judging the Doctrines Taught In the State: of the Care Which the Sovereign Ought to Take to Form the Manners of His Subjects.
• Chapter III: Of the Power of the Sovereign In Matters of Religion.
• Chapter IV: Of the Power of the Sovereign Over the Lives and Fortunes of His Subjects In Criminal Cases.
• Chapter V: Of the Power of Sovereigns Over the Bona Reipublicae, 1 Or the Goods Contained In the Commonwealth.
• Part IV: In Which Are Considered the Different Rights of Sovereignty With Respect to Foreign States; the Right of War, and Every Thing Relating to It; Public Treaties, and the Right of Ambassadors.
• Chapter I: Of War In General, and First of the Right of the Sovereign, In This Respect, Over His Subjects.
• Chapter II: Of the Causes of War.
• Chapter III: Of the Different Kinds of War.
• Chapter IV: Of Those Things Which Ought to Precede War.
• Chapter V: General Rules to Know What Is Allowable In War.
• Chapter VI: Of the Rights Which War Gives Over the Persons of the Enemy, and of Their Extent and Bounds.
• Chapter VII: Of the Rights of War Over the Goods of an Enemy.
• Chapter VIII: Of the Right of Sovereignty Acquired Over the Conquered.
• Chapter IX: Of Public Treaties In General.
• Chapter X: Of Compacts Made With an Enemy.
• Chapter XI: Of Compacts With an Enemy, Which Do Not Put an End to the War.
• Chapter XII: Of Compacts Made, During the War, By Subordinate Powers, As Generals of Armies, Or Other Commanders.
• Chapter XIII: Of Compacts Made With an Enemy By Private Persons.
• Chapter XIV: Of Public Compacts Which Put an End to War.
• Chapter XV: Of the Right of Ambassadors.

CHAPTER VI

Of the immediate source, and foundation of sovereignty.

I. Though what has been said in the fourth chapter concerning the structure of states, is sufficient to shew the original and source of sovereignty, as well as its real foundation; yet as this is one of those questions on which political writers are greatly divided, it will not be amiss to examine it somewhat more particularly; and what remains still to be said upon this subject, will help to give us a more complete idea of the nature and end of sovereignty.

II. When we inquire here into the source of sovereignty, our intent is to know the nearest and immediate source of it; now it is certain, that the supreme authority, as well as the title on which this power is established, and which constitutes its right, is derived immediately from the very covenants<38> which constitute civil society, and give birth to government.1

III. And indeed, upon considering the primitive state of man, it appears most certain, that the appellations of sovereigns and subjects, masters and slaves, are unknown to nature. Nature has made us all of the same species, all equal, all free and independent of each other; in short, she was willing that those, on whom she has bestowed the same faculties, should have all the same rights. It is therefore beyond all doubt, that, in this primitive state of nature, no man has of himself an original right of commanding others, or any title to sovereignty.

IV. There is none but God alone that has, in consequence of his nature and perfections, a natural, essential, and inherent right of giving laws to mankind,2 and of exercising an absolute sovereignty over them. The case is otherwise between man and man; they are in their own nature as independent of one another, as they are dependent on God. This liberty and independance is therefore a right naturally belonging to man, of which it would be unjust to deprive him against his will.

V. But if this be the case, and there is yet a supreme authority subsisting amongst mankind, whence can this authority arise, unless it be from the compacts or covenants, which men have made amongst themselves upon this subject? For as we have a right of transferring our property to another by a covenant; so, by a voluntary submission, a person may convey<39> to another, who accepts of the renunciation, the natural right he had of disposing of his liberty and natural strength.3

VI. It must therefore be agreed, that sovereignty resides originally in the people, and in each individual with regard to himself; and that it is the transferring and uniting the several rights of individuals in the person of the sovereign,4 that constitutes him such, and really produces sovereignty. It is beyond all dispute, for example, that when the Romans chose Romulus and Numa for their kings, they must have conferred upon them, by this very act, the sovereignty, which those princes were not possessed of before, and to which they had certainly no other right than what was derived from the election of the people.

VII. Nevertheless, though it be evident, that the immediate original of sovereignty is owing to human covenants, yet nothing can hinder us from affirming, with good ground, that it is of divine as well as human right.5

VIII. And indeed, right reason having made it plainly appear, after the multiplication of mankind, that the establishment of civil societies and of a supreme authority, was absolutely necessary for the order, tranquillity, and preservation of the species, it is as convincing a proof that this institution is agreeable to the designs of Providence, as if God himself had declared it to mankind by a positive revelation. And since God is essentially fond of order, he is doubtless willing that there should be a supreme<40> authority upon earth, which alone is capable of procuring and supporting that order amongst mankind, by enforcing the observance of the laws of nature.

IX. There is a beautiful passage of Cicero’s to this purpose.*Nothing is more agreeable to the supreme Deity, that governs this universe, than civil societies lawfully established.

X. When therefore we give to sovereigns the title of God’s vicegerents upon earth, this does not imply that they derive their authority immediately from God; but it signifies only, that by means of the power lodged in their hands, and with which the people have invested them, they maintain, agreeably to the views of the Deity, both order and peace, and thus procure the felicity of mankind.6

XI. But if these magnificent titles add a considerable lustre to sovereignty, and render it more respectable, they afford likewise, at the same time, an excellent lesson to princes. For they cannot deserve the title of God’s vicegerents upon earth, but inasmuch as they make use of their authority, pursuant to the views and purposes for which they were intrusted with it, and agreeably to the intention of the Deity, that is, for the happiness of the people, by using all their endeavours to inspire them with virtuous principles.7 <41>

XII. This, without doubt, is sufficient to make us look upon the original of government as sacred, and to induce subjects to shew submission and respect to the person of the sovereign. But there are political writers who carry the thing further, and maintain that it is God who confers immediately the supreme power on princes, without any intervention or concurrence of man.8

XIII. For this purpose, they make a distinction betwixt the cause of the state, and the cause of the sovereignty. They confess indeed that states are formed by covenants, but they insist that God himself is the immediate cause of the sovereignty. According to their notions, the people, who chuse to themselves a king, do not, by this act, confer the supreme authority upon him, they only point out the person whom heaven is to entrust with it. Thus the consent of the people to the dominion of one or more persons, may be considered as a channel, through which the supreme authority flows, but is not its real source.

XIV. The principal argument which these writers adopt, is, that as neither each individual amongst a number of free and independent people, nor the whole collective multitude, are in any wise possessed of the supreme authority, they cannot confer it on the prince. But this argument proves nothing: it is true that neither each member of the society, nor the whole multitude collected, are formally invested with the supreme authority, such as we behold it in the sovereign, but it is sufficient that they possess it vir-<42>tually, that is, that they have within themselves all that is necessary to enable them, by the concurrence of their free will and consent, to produce it in the sovereign.

XV. Since every individual has a natural right of disposing of his natural freedom according as he thinks proper, why should he not have a power of transferring to another that right which he has of directing himself? Now is it not manifest, that if all the members of this society agree to transfer this right to one of their fellow-members, this cession will be the nearest and immediate cause of sovereignty? It is therefore evident, that there are, in each individual, the seeds, as it were, of the supreme power. The case is here very near the same as in that of several voices, collected together, which, by their union, produce a harmony, that was not to be found separately in each.

XVI. But it will be here objected, that the scripture itself says, that every man ought to be subject to the supreme powers, because they are established by God.* I answer, with Grotius, that men have established civil societies, not in consequence of a divine ordinance, but of their voluntary motion, induced by the experience they had had of the incapacity which separate families were under, of defending themselves against the insults and attacks of human violence. From thence (he adds) arises the civil power, which St. Peter, for this<43> reason, calls a human power,† though in other parts of scripture it bears the name of a divine institution,† because God has approved of it as an establishment useful9 to mankind.§

XVII. The other arguments, in favour of the opinion we have been here refuting, do not even deserve our notice. In general, it may be observed, that never were more wretched reasons produced upon this subject, as the reader may be easily convinced by reading Puffendorf on the law of nature and nations, who, in the chapter corresponding to this, gives these arguments at length, and fully refutes them.*

XVIII. Let us therefore conclude, that the opinion of those, who pretend that God is the immediate cause of sovereignty, has no other foundation than that of adulation and flattery, by which, in order to render the authority of sovereigns more absolute, they have attempted to render it independent of all human compact, and dependent only on God. But were we even to grant, that princes hold their authority immediately of God, yet the consequences, which some political writers want to infer, could not be drawn from this principle.

XIX. For since it is most certain, that God could never entrust princes with this supreme authority,<44> but for the good of society in general, as well as of individuals, the exercise of this power must necessarily be limited by the very intention which the Deity had in conferring it on the sovereign; insomuch that the people would still have the same right of refusing to obey a prince, who, instead of concurring with the views of the Deity, would, on the contrary, endeavour to cross and defeat them, by rendering his people miserable, as we shall prove more particularly hereafter.

[1. ]This is from DNG VII.2 §1.

[2. ]The original states that only God has a natural and inherent right to give laws to men (“aux hommes”). Burlamaqui would certainly agree with the translator, that only God can give laws to mankind as a whole, but he is also saying that only God’s right to impose laws on even a single human being is natural and inherent.

[3. ]Burlamaqui thus subscribes to the standard picture, which compares the social contract with a person’s act of selling himself into slavery—a parallel made more explicit in Pufendorf ’s DNG VII.3 §1 in fine.

[4. ]Unlike Pufendorf, Burlamaqui explicitly insists on popular sovereignty, but he also argues that the contract results in the transfer of “all the rights of every individual” (“tous les droits de tous les particuliers”). The translation makes Burlamaqui’s view less transparent.

[5. ]This and the following paragraphs are almost verbatim from DNG VII.3 §2.

[* ]Nihil est illi principi Deo, qui omnem hunc mundum regit, quod quidem in terris fiat acceptius, quam consilia coetusque hominum jure sociati, quae civitates appellantur. Somn. Scip. cap. 3.

[6. ]This paragraph is drawn word for word from DNG VII.3 §2, with the exception of an added “and thus procure the felicity of mankind.” The following paragraph on happiness is Burlamaqui’s.

[7. ]The original ends “… to make them wise and virtuous” (“… à les rendre sages & vertueux”).

[8. ]This discussion of the divine right of kings is from DNG VII.3 §§3–4.

[* ]Rom. xiii.

[† ]Ep. i. chap. ii. v. 13.

[† ]Rom. xiii. 1.

[9. ]Burlamaqui’s original reads (like Barbeyrac’s translation of Grotius in note 1 on page 307) “felicitous” (“salutaire”) rather than “useful.”

[§ ]Grotius on the right of war and peace, book i. chap. iv. § 7, No. 3. See above, No. 7, and following.

[* ]See the Law of nature and nations, book vii. chap. iii.