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Show "8 ' Ii" 3: of C 0 MMO N-W'E A L TH. , Chdpaq; that any man can he fire to receive fram his Ameflor, or leave to his Children. And again -, Take away the Civil! Law, and no man Imam what is his own, and what another mam. Seeing therefore the Introduction of Propriety is an efi'eét of Common-wealth ; which can do nothing but by the Perfon that Reprefents it, it is the aft onely ofthe Soveraign -, and confiiiethin the Lawes, which none can make that have not the Soveraign Power. And this they well knew of old, who called that N699, (that is to fay, Dijirihurion,) which we call Law; and defined Juftiee, by dzgrihmng to ever man his own. All private In this Difiriburion, the Firfl aw, is for Divi ion of the Land it mum of felfe : wherein the Soveraign alligneth to every man a portrOn, accorlud proceed dinv as he, and not according as any Subjeét,or any number ofthem, "(KW/1} fhal judge agreeable to Equity, and the Common Good, The Chil- frf'ml" s" dren of Ifrael, were a Common-wealth in the Wildernefle; but 63:27:33} wanted the commodities of the Earth, till they were mailers of'the '51,, gm. My. Land of Promife; which afterward was divided amonglt them, not by their own difcretion, but by the difcretion of Eleazar the Prieli, and 51:01)," their General] : who when there were twelve Tribes, makin them thirteenby fubdivifion of the Tribe of fifeph; made nevert lefle but twelve portions of the Land; and ordained for the Tribe ofLwi no land, but aiiigned them the Tenth part ofthe whole part 2} ' 0f COMMO N-WEA LT"; 0411.24. lad conceived to have a portion, and poffcfl'e, and im rove the fame by their Reprefentarive ; and that fuch portion may e made fufiicient, to fulteine the whole ex ence to the common Peace, and defence neceifarily required : W ich were very true, if there could be any Reprefentarive conCeived free from humane pallions, and infirmitieS. But the nature ofmen being as it is , the fetting forth of Publique Land, or of any certaine Revenue for the Common-wealth, is in vaine 5 and rendeth to the diifolution of Gavernment, and to the condition ofmeere Nature, and War, afioon as eVer the So- verai n Power falleth into the hands of a Monarch, or of an Al} femb y, that are eithe r too negligent ofmony,or too hazardous in err-l aging the publique flock, into a long, or col'tly war. Commongzealths can endure no Diet: Fdr feeing their expence is not limited by their own appetite, bur by external! Accidents, and the appetites oftheir neighbours, the Pub‘lique Riches cannot be limited by other limits, thanthofe whichthe emergent oecafions {hall require. And whereas in England, there were by the Conquerour," divers Lands referved to his own ufe, (befides Forrefis, and Chafes, either for From whence we ma colleét, that the Propriety which a fubjeéi: his recreation, or for prefervation of Woods,) and divers fervices referved on the Land he gave his Subjects; yet it feems they were nor referved for his Maintenance in his Publique, but in his Naturall capacity: For he, and his Succefiors did for all that, la Arbitrary Taxes on all Subjects Land, when they judged it need}: fary. Orifthofe publique Lands, and Services, were ordained as a fufhcient maintenance of the Common-wealth, it was contrary to the fcope of the Inflitution; being (as it appeared by thofe en- fuing Taxes) infuflicient, and (as it appeares by the late {mall Re- (We, "wk, hath in his lands, conli eth in a right to exclude all other fubjeéts venue ol‘the Crown) Subject to Alienation, and Diminution_ It is Dommm 0f from the ufe of them 3 and not to exclude their Soveraign, be it an the Sm- Aliembly, ora Monarch. For feeing the Soveraign, that is to fay, therefore in vaine, to aifign a portion to the Common-wealth; which may fell, or give it away; and does fell, and give it away , when tis done by their chre fentative. in what Th9 7,,46!!' to ailigne alfo fo -, home at As the Dii‘tribution of Lands . , . . places, and for what commodities, the Subjeét {hall trathue abroad, "4 mm". fruits ; which diviiion was therefore Arbitrary. And though a People comming into polleflion of a Land by warre, do not alwaies ex- terminate the antient Inhabitants, ( as did the Jewes,) but leave to many, or moli,or all ofthem their Eliates ; yet it is manifefl: they hold them afterwards, as of the Victors diitribution; as the people of PM in of" England held all theirs of Witty» the Conquerour. suflzlhx- "'15", 5'4! the Commonwealth ( whofe Perfon he reprefenteth,) is underflood 3:17Salt? to do nothing but in order to the common Peace and Security, this ‘ r " 1' ' Diliribution oflands, is to be underflod as done in order to the fame: And confequently, whatfoever Difiribution he {hall make in prejudice thereof, is contrary to the will of every fubjec't, that committed his Peace, and fafety to his difcretion, and confcience ; and therefore by the will of every one of them, is to be reputed voyd. It is true, that a Soverai n Monarch, or the greater part of a Soveraign Aliembly, may ordain the doing of manythings in purfuit of their Pail} ons, contrary to their own confciences, which is a breach oftruii,and of the Law of Nature -,butthis is not enoughto authorife any {ubjeé‘t, either to make warre upon, or fo much as to accufe of Injuitice, or any wa to {peak evill of their Soveraign ; becaufe they have we thoriied a 1 his actions, and in bellowing the Soveraign Power, made :hcm their own. But in what cafes the Commands of Soveraignj - re contrarytoE uit ',andt e Law of Nature is to be coniidcre' 2:711:12 I.) hereafter in_an()t[?c~r Pylac‘c , be timed. ‘ elongcthtothc Soverai n. For if it did belong to private per- of‘Tru qua fons to ufe their own dilcretion therein, fome of them would bee dependifiw , drawn for gaine,borh to furniih the enemy with means to hurt the "7"" rDifl'r‘h Common-wealth, and hurt it themfelves, by importing fuch thinos, I'm" ' "" mens appetites 3 be neverthelelie noxious 3 or at leaf! iin- the. SW" as plealing , profitable to them. And therefore it belo'ngeth to the Common- mg"- wealth, (that is, to the Soveraign only, ) to approve, or difapprove b0th of the places, and matter of forraign Traflique. Further, feeing it is not enough to' the Suiientation of a Com- The Law: of men-wealth, that every man have a propriety in a portion of Land, ,mmfirrm or in fome few commodities, or anaturall property in fome ufefull prophet] h}; art, and there is no artin the world, but is necellary either for the long alflr m In ,or well being almofl ofevery particular man; it is necelia- "'9 5"" Tl"! at men diltribute that which they can fpare, and transferre their ""3"" , 1" tilt Dl-Rnbution of land, the Common-wealth it Felfe, may b6 conceive propriety therein, mutually one to another, by exchange, and munull contract. And therefore it belongeth to the Common-wealth, (that |