The Online Library of Liberty

A project of Liberty Fund, Inc.

• Introduction
• The Whole Duty of Man
• The Author’s Preface
• Book I
• Chapter I: Of Human Actions In General, the Principles Of  ’em, and How to Be Accounted For, Or Imputed
• Chapter II: Of the Rule of Human Actions, Or of Laws In General; and the Different Qualifications of Those Actions
• Chapter III: Of the Law of Nature In General
• Chapter IV: Of the Duty of Man Towards God, Or, Concerning Natural Religion
• Chapter V: Of the Duty of a Man Towards Himself  19
• Chapter VI: Of the Duty of One Man to Another, and First of Doing No Injury to Any Man
• Chapter VII: The Natural Equality of Men to Be Acknowledged
• Chapter VIII: Of the Mutual Duties of Humanity
• Chapter IX: The Duty of Men In Making Contracts
• Chapter X: The Duty of Men In Discourse
• Chapter XI: The Duty of Those Which Take an Oath
• Chapter XII: Duties to Be Observ’d In Acquiring Possession of Things
• Chapter XIII: The Duties Which Naturally Result From Man’s Property In Things
• Chapter XIV: Of the Price and Value of Things
• Chapter XV: Of Those Contracts In Which the Value of Things Is Pre-supposed; and of the Duties Thence Arising
• Chapter XVI: The Several Methods By Which the Obligations Arising From Contracts Are Dissolved
• Chapter XVII: Of Meaning, Or Interpretation
• Book Ii
• Chapter I: Of the Natural State of Men
• Chapter II: Of the Duties of the Married State
• Chapter III: Duty of Parents and Children
• Chapter IV: The Duties of Masters and Servants
• Chapter V: The Impulsive Cause of Constituting Communities 18
• Chapter VI: Of the Internal Frame and Constitution of Any State Or Government
• Chapter VII: Of the Several Parts of Government 38
• Chapter VIII: Of the Several Forms of Government 41
• Chapter IX: The Qualifications of Civil Government 47
• Chapter X: How Government, Especially Monarchical, Is Acquired
• Chapter XI: The Duty of Supreme Governours
• Chapter XII: Of the Special Laws of a Community, Relating to the Civil Government 59
• Chapter XIII: Of the Power of Life and Death
• Chapter XIV: Of Reputation
• Chapter XV: Of the Power of Governours Over the Goods of Their Subjects
• Chapter XVI: Of War and Peace
• Chapter XVII: Of Alliances
• Chapter XVIII: The Duty of Subjects
• Two Discourses and a Commentary By Jean Barbeyrac
• Note On the Translation
• The Judgment of an Anonymous Writer On the Original of This Abridgment With Reflections of the Translator, Intended to Clarify Certain of the Author’s Principles
• Discourse On What Is Permitted By the Laws In Which It Is Shown That What Is Permitted By the Laws Is Not Always Just and Moral
• Discourse On the Benefits Conferred By the Laws In Which It Is Shown That a Good Man Should Not Always Take Advantage of the Benefits Conferred On Him By the Laws

chapter xv

Of the Power of Governours over the Goods of their Subjects

I.Threefold. L. N. N. l. 8. c. 5. §1.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

II.By Laws. L. N. N. l. 8. c. 5. §3.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.

III.By Taxes and Customs. L. N. N. l. 8. c. 5. §4.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.

IV.By Seisure for publick Use extraordinary. L. N. N. l. 8. c. 5. §7.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.

V.Publick Revenues unalienable. L. N. N. l. 8. c. 5. §9.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 are designed. And neither of the two Patrimonies can be alienated by the Prince without the People’s Consent.

VI.Neither Royal Power nor Allegiance, alienable. L. N. N. l. 8. c. 5. §10.Much less can a whole Kingdom (that is not held patrimonially) or any Part of it, be alienated without their Consent to it: And in the latter Case particularly the Consent of that Part that is to be alienated. As on the other Hand no Subject against the Will of his Community, can possibly disingage himself from the Bonds of his Duty and Allegiance to it; unless the Force of foreign Enemies reduces him to such a Condition, that he has no other Way to be safe.

[70.]Originally: sovereigns have three kinds of right over the property of citizens, in accordance with the nature and purpose of the state.

[*] 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.