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P. Was the tenant bound, in case he were called, to serve in person?
L. I think he was so in the beginning. For when lands were given for service military, and the tenant dying left his son and heir, the lord had the custody both of body and lands till the heir was twenty-one years old. And the reason thereof was, that the heir, till that age of twenty-one years, was presumed to be unable to serve the King in his wars; which reason had been insufficient, if the heir had not been bound to go to the wars in person. Which, methinks, should ever hold for law, unless by some other law it come to be altered. These services, together with other rights, as wardships, first possession of his tenants' inheritance, licenses for alienation, felons'goods, felons'lands (if
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is called BELIEF, and sometimes faith.
8. It is either science or opinion which we commonly mean by the word conscience: for men say that such and such a thing is true upon, or in their consciences;y which they never do, when they think it doubtful; and therefore they know, or think they know it to be true. But men, when they say things upon their conscience, are not therefore presumed certainly to know the truth of what they say. It remaineth then, that that word is used by them that have an opinion, not only of the truth of the thing, but also of their knowledge of it. So that conscience, as men commonly use the word, signifieth an opinion, not so much of the truth of the proposition, as of their own knowledge of it,z to which the truth of the proposition is
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him not pp understand what he saith; which is a contradiction of himself. It is therefore always to be supposed, that he which intendeth not to deceive, alloweth the private interpretation of his speech to him to whom it is addressed.
11.qq Silence in them that think it will be so taken, is a sign of consent; for so little labour being required to say No, it is to be presumed, that in this case he that saith it not, consenteth.
a Argum. desideratur.
b power one upon.
c notice what another.
d (for example, look in chapter IX.) with the.
e and effects.
f in one another.
g something true in experience edd. C.
h him to know.
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oo former for his opinion edd., for his opinions, C corrupte.
pp also not to make him.
qq Silence, in him that believeth that the same shall be taken for a sign of his intent, is a sign thereof indeed: for if he did not consent, the labour of speaking so much as to declare the same, is so little as it is to be presumed he would have done it. Edd. Item C, si excipias; who believeth pro that, et consent pro intent. Eadem sententiae forma in H cum asterisco addita est; sed post atramento recentiore in margine iterum cum asterisco posita est altera formula, voce being inter labour et required superscripta. Labour is required, A D E, being corr.
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for the future. For PARDON is peace granted to him, that (having provoked to war) demandeth it. It is not therefore charity, but fear, when a man giveth peace to him that repenteth not, nor giveth caution for maintaining thereof in the time to come. For he that repenteth not, remaineth with the affection of an enemy; as also doth he that refuseth to give caution, and consequently is presumed not to seek after peace, but advantage. And therefore to forgive him is not commanded in this law of nature, nor is charity, but may sometimes be prudence. Otherwise, not to pardon upon repentance and caution, considering men cannot abstain from provoking one another, is never to give peace; and that is against the general definition of the law of nature.
10.
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by that title. 7. The child of the husband and the wife in the power of the father. 8. The father, or he or she that bringeth up the child, have absolute power over him. 9. Freedom in subjects what it is. 10. A great family is a patrimonial kingdom. 11. Succession of the sovereign power, absolute disposable by will. 12. Though the successor be not declared, yet there is always one to be presumed. 13. The children preferred to the succession before all others. 14. The males before the females. 15. The eldest before the rest of the brothers. 16. The brother next to the children. 17. The succession of the possessor followeth the same rule with the succession of the predecessor.
1. Of three ways by which a man becometh subject to another, mentioned section 2, chapt. ult.,
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had before; and for the same reason, namely for the power not of generating, but preserving. And though the child thus preserved, do in time acquire strength, whereby he might pretend equality with him or her that hath preserved him, yet shall that pretence be thought unreasonable, both because his strength was the gift of him, against whom he pretendeth; and also because it is to be presumed, that he which giveth sustenance to another, whereby to strengthen him, hath received a promise of obedience in consideration thereof. For else it would be wisdom in men, rather to let their children perish, while they are infants, than to live in their danger or subjection, when they are grown.
4. For the pretences which a man may have to dominion over a
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can happen a question concerning the succession. And first: forasmuch as a monarch, which is absolute sovereign, hath the dominion in his own right, he may dispose thereof at his own will. If therefore, by his last will, he shall name his successor, the right passeth by that will.
12. Nor if the monarch die without any will concerning the succession declared, is it therefore to be presumed that it was e his will, his subjects which are to him as his children and servants, should return again to the state of anarchy, that is, to war and hostility; for that were expressly against the law of nature, which commandeth to procure peace, and to maintain the same. It is therefore to be conjectured with reason, that it was his intention to bequeath them peace, that is to say, a
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other. For men naturally seek their own honour, and that consisteth in the honour of their children after them.
14. Again, seeing every monarch is supposed to desire to continue the government in his successors, as long as he may; and that generally men are endued with greater parts of wisdom and courage, by which all monarchies are kept from dissolution, than women are; it is to be presumed, where no express will is extant to the contrary, he preferreth his male children before the female. Not but that women may govern, and have in divers ages and places governed wisely, but are not so apt thereto in general as men.
15. Because the sovereign power is indivisible, it cannot be supposed, that he intended the same should be divided, but that it should descend entirely upon
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to the contrary, he preferreth his male children before the female. Not but that women may govern, and have in divers ages and places governed wisely, but are not so apt thereto in general as men.
15. Because the sovereign power is indivisible, it cannot be supposed, that he intended the same should be divided, but that it should descend entirely upon one of them, which is to be presumed should be the eldest, assigned thereto by the lot of nature; because he appointed no other lot for the decision thereof. Besides, what difference of ability soever there may be amongst the brethren, the odds shall be adjudged to the elder, because no subject hath authority otherwise to judge thereof.
16. And for want of issue in the possessor, the brother shall be the presumed
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to be presumed should be the eldest, assigned thereto by the lot of nature; because he appointed no other lot for the decision thereof. Besides, what difference of ability soever there may be amongst the brethren, the odds shall be adjudged to the elder, because no subject hath authority otherwise to judge thereof.
16. And for want of issue in the possessor, the brother shall be the presumed h successor. For by the judgment of nature, next in blood is next in love; and next in love is next to preferment.
17. And as the succession followeth the first monarch, so also it followeth him or her that is in possession; and consequently, the children of him in possession shall be preferred before the children of his father or predecessor.
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or predecessor.
a Ch. 4. Argum. ut in supp.
b Verba: and some for life; and when they are for a time, desiderantur.
c wherein the father or mother of the family.
d but of monarchy in general.
e declared, it is not therefore to be presumed, it was.
f of a monarchy.
g of deest.
h I shall be presumed.
CHAPTER 5.
a 1. The utility of the commonwealth, and of the members is the same. 2. The loss of liberty, or the want of propriety in goods against the right of the sovereign, no real inconvenience. 3. Monarchy approved by the
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b Verba: and some for life; and when they are for a time, desiderantur.
c wherein the father or mother of the family.
d but of monarchy in general.
e declared, it is not therefore to be presumed, it was.
f of a monarchy.
g of deest.
h I shall be presumed.
CHAPTER 5.
a 1. The utility of the commonwealth, and of the members is the same. 2. The loss of liberty, or the want of propriety in goods against the right of the sovereign, no real inconvenience. 3. Monarchy approved by the most ancient examples. 4. Monarchy less subject to passion than other governments. 5. Subjects in monarchy less obnoxious to
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have done it with due submission, and also (in order to my subject) necessarily; for they are the outworks of the enemy, from whence they impugn the civil power. If notwithstanding this, you find my labour generally decried, you may be pleased to excuse yourself, and say, I am a man that love my own opinions, and think all true I say, that I honoured your brother, and honour you, and have presumed on that, to assume the title, (without your knowledge) of being, as I am, SIR, Your most humble, and most obedient Servant, THOMAS HOBBES. Paris, April 15/25, 1651.
THE a INTRODUCTION.
Nature (the art whereby God hath made and governs the world) is by the art of man, as in many other things, so in this also imitated, that
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to mortify the most lively faith, if (as I said) the civil magistrate, and custom did not more sustain it, than any opinion they have of the sanctity, wisdom, or probity of their teachers? So that I may attribute all the changes of religion in the world, to one and the same cause; and that is, unpleasing priests; and those not only amongst Catholics, but even in that church that hath presumed most of reformation.
a there it.
b in any other.
c trusteth the.
d in a state.
e chose.
f were deified.
g lusts.
h name of Furies.
i the omitted.
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where every man is judge, there is no place for accusation: and in the civil state, the accusation is followed with punishment; which being force, a man is not obliged not to resist. The same is also true, of the accusation of those, by whose condemnation a man falls into misery; as of a father, wife, or benefactor. For the testimony of such an accuser, if it be not willingly given, is presumed to be corrupted by nature; and therefore not to be received: and where a man's testimony is not to be credited, he is not bound to give it. Also accusations upon torture, are not to be reputed as testimonies. For torture is to be used but as means of conjecture, and light, in the further examination, and search of truth: and what is in that case confessed, tendeth to the ease of him that is
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preserving his own life.
The force of words, being (as I have formerly noted) too weak to hold men to the performance of their covenants; there are in man's nature, but two imaginable helps to strengthen it. And those are either a fear of the consequence of breaking their word; or a glory, or pride in appearing not to need to break it. This latter is a generosity too rarely found to be presumed on, especially in the pursuers of wealth, command, or sensual pleasure; which are the greatest part of mankind. The passion to be reckoned upon, is fear; whereof there be two very general objects: one, the power of spirits invisible; the other, the power of those men they shall therein offend. Of these two, though the former be the greater power, yet the fear of the latter is commonly the
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of right; therefore unless the parties to the question, covenant mutually to stand to the sentence of another, they are as far from peace as ever. This other, to whose sentence they submit, is called an ARBITRATOR. And therefore it is of the law of nature, that they that are at controversy, submit their right to the judgment of an arbitrator.
And seeing every man is presumed to do all things in order to his own benefit, no man is a fit arbitrator in his own cause: and if he were never so fit; yet equity allowing to each party equal benefit, if one be admitted to be judge, the other is to be admitted also; and so the controversy, that is, the cause of war, remains, against the law of nature.
For the same reason no man in any cause ought to be received for
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it is a natural sign he would have that custom stand.
But where neither custom, nor testament hath preceded, there it is to be understood, first, that a monarch's will is, that the government remain monarchical; because he hath approved that government in himself. Secondly, that a child of his own, male, or female, be preferred before any other; because men are presumed to be more inclined by nature, to advance their own children, than the children of other men; and of their own, rather a male than a female; because men, are naturally fitter than women, for actions of labour and danger. Thirdly, where his own issue faileth, rather a brother than a stranger; and so still the nearer in blood, rather than the more remote; because it is always presumed that
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men are presumed to be more inclined by nature, to advance their own children, than the children of other men; and of their own, rather a male than a female; because men, are naturally fitter than women, for actions of labour and danger. Thirdly, where his own issue faileth, rather a brother than a stranger; and so still the nearer in blood, rather than the more remote; because it is always presumed that the nearer of kin, is the nearer in affection; and it is evident that a man receives always, by reflection, the most honour from the greatness of his nearest kindred.
But if it be lawful for a monarch to dispose of the succession by words of contract, or testament, men may perhaps object a great inconvenience: for he may sell, or give his right of governing to a stranger; which,
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also all metaphorical speeches, tending to the stirring up of passion, (because such reasoning, and such expressions, are useful only to deceive, or to lead him we counsel towards other ends than his own) are repugnant to the office of a counsellor.
Thirdly, because the ability of counselling proceedeth from experience, and long study; and no man is presumed to have experience in all those things that to the administration of a great commonwealth are necessary to be known, no man is presumed to be a good counsellor, but in such business, as he hath not only been much versed in, but hath also much meditated on, and considered. For seeing the business of a commonwealth is this, to preserve the people in peace at home, and defend them
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only to deceive, or to lead him we counsel towards other ends than his own) are repugnant to the office of a counsellor.
Thirdly, because the ability of counselling proceedeth from experience, and long study; and no man is presumed to have experience in all those things that to the administration of a great commonwealth are necessary to be known, no man is presumed to be a good counsellor, but in such business, as he hath not only been much versed in, but hath also much meditated on, and considered. For seeing the business of a commonwealth is this, to preserve the people in peace at home, and defend them against foreign invasion, we shall find, it requires great knowledge of the disposition of mankind, of the rights of government, and of the
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did it against their consciences, or had been corrupted by reward.
The things that make a good judge, or good interpreter of the laws, are, first, a right understanding of that principal law of nature called equity; which depending not on the reading of other men's writings, but on the goodness of a man's own natural reason, and meditation, is presumed to be in those most, that have had most leisure, and had the most inclination to meditate thereon. Secondly, contempt of unnecessary riches, and preferments. Thirdly, to be able in judgment to divest himself of all fear, anger, hatred, love, and compassion. Fourthly, and lastly, patience to hear; diligent attention in hearing; and memory to retain, digest and apply what he
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est. But it was not possible the Doctor should know this, it not being in Stephen, where his examples for tanquam si are.
But, the Doctor having pitched upon this criticism, and penned it, somebody, I believe, put him in mind of the absurdity thereof; and yet the generous Professor, (who writes running hand and never transcribed his papers, if I am not misinformed), presumed nobody else could be more intelligent than he, who had perused Stephen. He would not retract anything, but subjoins, "That he will allow it as passable, because other modern writers, and some of the ancients, have so used it, as Mr. Hobbes hath done." I know not what authors the Doctor meant, for, if I am not much mistaken, I do not find any in Stephen. His citation of Columella is not
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years. Herein he has endeavoured to accommodate the general notions of his politic to the particular constitution of the English monarchy: a design of no small difficulty; wherein to have succeeded deserves much honour; to have perchance miscarried, deserves easy pardon. It has had the good fortune to be much esteemed by the greatest men of the profession of the law, and therefore may be presumed to contain somewhat excellent. However it is not to be expected that all men should submit to his opinions, yet it is hoped none will be offended at the present publishing of these papers; since they will not find here any new fantastic notions, but only such things as have been already asserted with strength of argument by himself and other persons of eminent learning. To the public at
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of mankind. The same observation may be extended to the other two principles of fear and affection. No man would have any reason to fear the fury of a tyrant, if he had no authority over any but from fear; since, as a single man, his bodily force can reach but a small way, and all the farther power he possesses must be founded either on our own opinion, or on the presumed opinion of others. And though affection to wisdom and virtue in a sovereign extends very far, and has great influence; yet he must antecedently be supposed invested with a public character, otherwise the public esteem will serve him in no stead, nor will his virtue have any influence beyond a narrow sphere.
A Government may endure for several ages,
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this person may have either a greater or less degree of ambition, capacity, courage, popularity, or fortune, the power, which is too great in one hand, may become too little in another. In pure republics, where the authority is distributed among several assemblies or senates, the checks and controuls are more regular in their operation; because the members of such numerous assemblies may be presumed to be always nearly equal in capacity and virtue; and it is only their number, riches, or authority, which enter into consideration. But a limited monarchy admits not of any such stability; nor is it possible to assign to the crown such a determinate degree of power, as will, in every hand, form a proper counterbalance to the other parts of the constitution. This is an unavoidable
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of industry and indolence, valour and cowardice, humanity and brutality, wisdom and folly, will be mixed after the same manner. In the infancy of society, if any of these dispositions be found in greater abundance than the rest, it will naturally prevail in the composition, and give a tincture to the national character. Or should it be asserted, that no species of temper can reasonably be presumed to predominate, even in those contracted societies, and that the same proportions will always be preserved in the mixture; yet surely the persons in credit and authority, being still a more contracted body, cannot always be presumed to be of the same character; and their influence on the manners of the people, must, at all times, be very considerable. If on the first establishment of a
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will naturally prevail in the composition, and give a tincture to the national character. Or should it be asserted, that no species of temper can reasonably be presumed to predominate, even in those contracted societies, and that the same proportions will always be preserved in the mixture; yet surely the persons in credit and authority, being still a more contracted body, cannot always be presumed to be of the same character; and their influence on the manners of the people, must, at all times, be very considerable. If on the first establishment of a republic, a BRUTUS should be placed in authority, and be transported with such an enthusiasm for liberty and public good, as to overlook all the ties of nature, as well as private interest, such an illustrious example will naturally have
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no doubt, do, is beholden for them to nature or reflection, not to the genius of his calling.
It was no bad expedient in the old ROMANS, for preventing the strong effect of the priestly character, to make it a law that no one should be received into the sacerdotal office, till he was past fifty years of age, DION. Hal. lib. ii. 21. The living a layman till that age, it is presumed, would be able to fix the character.d
3 CAESAR (de Bello GALLICO, lib. 4. 2.) says, that the
GALLIC horses were very good; the GERMAN very bad. We find in lib.
7. 65. that he was obliged to remount some GERMAN cavalry with
GALLIC horses. At present, no part of EUROPE has so bad horses of all
kinds as FRANCE: But GERMANY abounds with
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where we both judge more impartially, and can better set in opposition those manners, with which we are sufficiently acquainted. Treachery and cruelty, the most pernicious and most odious of all vices, seem peculiar to uncivilized ages; and by the refined GREEKS and ROMANS were ascribed to all the barbarous nations, which surrounded them. They might justly, therefore, have presumed, that their own ancestors, so highly celebrated, possessed no greater virtue, and were as much inferior to their posterity in honour and humanity, as in taste and science. An ancient FRANK or SAXON may be highly extolled: But I believe every man would think his life or fortune much less secure in the hands of a MOOR or TARTAR, than in those of a FRENCH or ENGLISH gentleman, the rank of men
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The laws, or, as some writers call them, the seditions of the GRACCHI, were occasioned by their observing the encrease of slaves all over ITALY, and the diminution of free citizens. APPIAN 44 ascribes this encrease to the propagation of the slaves: PLUTARCH 45 to the purchasing of barbarians, who were chained and imprisoned, {barbarika desmoteria}.46 It is to be presumed that both causes concurred.
SICILY, says FLORUS 47 was full of ergastula, and was cultivated by labourers in chains. EUNUS and ATHENIO excited the servile war, by breaking up these monstrous prisons, and giving liberty to 60,000 slaves. The younger POMPEY augmented his army in SPAIN by the same expedient.48 If the country labourers,
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the cry of popular prejudices; and as the subject was suited to every capacity, I expected proportional applause. But miserable was my disappointment: I was assailed by one cry of reproach, disapprobation, and even detestation; English, Scotch, and Irish, Whig and Tory, churchman and sectary, freethinker and religionist, patriot and courtier, united in their rage against the man, who had presumed to shed a generous tear for the fate of Charles I. and the Earl of Strafford; and after the first ebullitions of their fury were over, what was still more mortifying, the book seemed to sink into oblivion. Mr. Millar told me, that in a twelvemonth he sold only forty-five copies of it. I scarcely, indeed, heard of one man in the three kingdoms, considerable for rank or letters, that could
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certain, that where the structure of parts in brutes is the same as in men, and the operation of these parts also the same, the causes of that operation cannot be different; and that whatever we discover to be true of the one species, may be concluded, without hesitation, to be certain of the other. Thus, though the mixture of humours, and the composition of minute parts, may justly be presumed to be somewhat different in men from what it is in mere animals, and therefore any experiment we make upon the one concerning the effects of medicines, will not always apply to the other, yet, as the structure of the veins and muscles, the fabric and situation of the heart, of the lungs, the stomach, the liver, and other parts, are the same or nearly the same in all animals, the very same
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together in the imagination, they are apt to be put on the same footing, and are commonly supposed to be endowed with the same qualities. We readily pass from one to the other, and make no difference in our judgments concerning them, especially if the latter be inferior to the former.75
The right of succession is a very natural one, from the presumed consent of the parent or near relation, and from the general interest of mankind, which requires that men's possessions should pass to those who are dearest to them, in order to render them more industrious and frugal. Perhaps these causes are seconded by the influence of relation, or the association of ideas, by which we are naturally directed to consider the son after the parent's
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When neither long possession, nor present possession, nor conquest take place, as when the first sovereign who founded any monarchy dies; in that case, the right of succession naturally prevails in their stead, and men are commonly induced to place the son of their late monarch on the throne, and suppose him to inherit his father's authority. The presumed consent of the father, the imitation of the succession to private families, the interest which the state has in choosing the person who is most powerful and has the most numerous followers; all these reasons lead men to prefer the son of their late monarch to any other person.82
These reasons have some weight; but I am persuaded, that, to one who considers impartially of the
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and assign each part to the family from whence it is derived. Now, as the person is supposed to have been once the full and entire proprietor of those goods, I ask, what is it makes us find a certain equity and natural reason in this partition, except it be the imagination? His affection to these families does not depend upon his possessions; for which reason his consent can never be presumed precisely for such a partition. And as to the public interest, it seems not to be in the least concerned on the one side or the other.
77 Were morality discoverable by reason, and not by sentiment, it would be still more evident that promises could make no alteration upon it. Morality is supposed to consist in relation. Every new imposition of morality,
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actions, it immediately feels the sentiment of approbation or blame; nor are there any emotions more essential to its frame and constitution. The characters, which engage our approbation, are chiefly such as contribute to the peace and security of human society; as the characters, which excite blame, are chiefly such as tend to public detriment and disturbance: Whence it may reasonably be presumed, that the moral sentiments arise, either mediately or immediately, from a reflection of these opposite interests. What though philosophical meditations establish a different opinion or conjecture; that every thing is right with regard to the WHOLE, and that the qualities, which disturb society, are, in the main, as beneficial, and are as suitable to the primary intention of nature, as those
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would not know how to move, for want of a foundation and footing, in most men; who through laziness or avocation do not, or for want of time, or true helps, or for other causes, cannot penetrate into the principles of knowledge, and trace truth to its fountain and original; it is natural for them, and almost unavoidable, to take up with some borrowed principles; which being reputed and presumed to be the evident proofs of other things, are thought not to need any other proof themselves. Whoever shall receive any of these into his mind, and entertain them there, with the reverence usually paid to principles, never venturing to examine them, but accustoming himself to believe them, because they are to be believed, may take up from his education, and the fashions of his country, any
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their time by periods, that had no sensible marks very obvious to distinguish them by.
21. But perhaps it will be said without a regular motion, such as of the sun, or some other, how could it ever be known that such periods were equal? To which I answer, the equality of any other returning appearances might be known by the same way that that of days was known, or presumed to be so at first; which was only by judging of them by the train of ideas which had passed in men's minds in the intervals: By which train of ideas discovering inequality in the natural days, but none in the artificial days, the artificial days, or {Nychthemera} were guessed to be equal, which was sufficient to make them serve for a measure; though exacter search has since discovered
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By which train of ideas discovering inequality in the natural days, but none in the artificial days, the artificial days, or {Nychthemera} were guessed to be equal, which was sufficient to make them serve for a measure; though exacter search has since discovered inequality in the diurnal revolutions of the sun, and we know not whether the annual also be not unequal. These yet, by their presumed and apparent equality, serve as well to reckon time by (though not to measure the parts of duration exactly) as if they could be proved to be exactly equal. We must therefore carefully distinguish betwixt duration itself, and the measures we make use of to judge of its length. Duration in itself is to be considered as going on in one constant, equal, uniform course: But none of the measures
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have done. CHAPTER XXIII. OF OUR COMPLEX IDEAS OF SUBSTANCES.
1. The mind being, as I have declared, furnished with a great number of the simple ideas, conveyed in by the senses, as they are found in exterior things, or by reflection on its own operations, takes notice also, that a certain number of these simple ideas go constantly together; which being presumed to belong to one thing, and words being suited to common apprehensions, and made use of for quick dispatch, are called, so united in one subject, by one name: Which, by inadvertency, we are apt afterward to talk of, and consider as one simple idea, which indeed is a complication of many ideas together; because, as I have said, not imagining how these simple ideas can subsist by themselves,
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some parts of my life beyond a possibility of retrieving them, so that perhaps I shall never be conscious of them again; yet am I not the same person that did those actions, had those thoughts that I once was conscious of, though I have now forgot them? To which I answer, that we must here take notice what the word is applied to: Which, in this case, is the man only. And the same man being presumed to be the same person, I is easily here supposed to stand also for the same person. But if it be possible for the same man to have distinct incommunicable consciousness at different times, it is past doubt the same man would at different times make different persons; which, we see, is the sense of mankind in the solemnest declaration of their opinions; human laws not punishing the mad man
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4. Thus the mind has two faculties, conversant about truth and falsehood.
First, knowledge, whereby it certainly perceives, and is undoubtedly satisfied of the agreement or disagreement of any ideas.
Secondly, judgment, which is the putting ideas together, or separating them from one another in the mind, when their certain agreement or disagreement is not perceived, but presumed to be so; which is, as the word imports, taken to be so before it certainly appears. And if it so unites, or separates them, as in reality things are, it is right judgment. CHAPTER XV. OF PROBABILITY.
1. As demonstration is the showing the agreement or disagreement of two ideas, by the intervention of one or more proofs, which have a constant, immutable, and
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whether natural or civil. Is a man under the law of nature? What made him free of that law? What gave him a free disposing of his property according to his own will, within the compass of that law? I answer, a state of maturity, wherein he might be supposed capable to know that law, that so he might keep his actions within the bounds of it. When he has acquired that state, he is presumed to know how far that law is to be his guide, and how far he may make use of his freedom, and so comes to have it; till then, some body else must guide him, who is presumed to know how far the law allows a liberty. If such a state of reason, such an age of discretion made him free, the same shall make his son free too. Is a man under the law of England? What made him
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the compass of that law? I answer, a state of maturity, wherein he might be supposed capable to know that law, that so he might keep his actions within the bounds of it. When he has acquired that state, he is presumed to know how far that law is to be his guide, and how far he may make use of his freedom, and so comes to have it; till then, some body else must guide him, who is presumed to know how far the law allows a liberty. If such a state of reason, such an age of discretion made him free, the same shall make his son free too. Is a man under the law of England? What made him free of that law? That is, to have the liberty to dispose of his actions and possessions according to his own will within the permission of that law? A capacity of knowing that law.
MilBent, 88
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issue in every dispute. This is nothing less than a revolution in philosophy. Its effect is gradually becoming evident in the writings of English thinkers of every variety of opinion, and will be felt more and more in proportion as Bentham's writings are diffused, and as the number of minds to whose formation they contribute is multiplied.
It will naturally be presumed that of the fruits of this great philosophical improvement some portion at least will have been reaped by its author. Armed with such a potent instrument, and wielding it with such singleness of aim; cultivating the field of practical philosophy with such unwearied and such consistent use of a method right in itself, and not adopted by his predecessors; it cannot be but that Bentham by his
MilCons, 460
460
examination. Others are unable to reconcile themselves to the loss of what they term the local character of the representation. A nation does not seem to them to consist of persons, but of artificial units, the creation of geography and statistics. Parliament must represent towns and counties, not human beings. But no one seeks to annihilate towns and counties. Towns and counties, it may be presumed, are represented, when the human beings who inhabit them are represented. Local feelings cannot exist without somebody who feels them; nor local interests without somebody interested in them. If the human beings whose feelings and interests these are, have their proper share of representation, these feelings and interests are represented, in common with all other feelings and interests of
MilCons, 507
507
intimately interwoven with one another; it is so important that the electors should choose as their representatives wiser men than themselves, and should consent to be governed according to that superior wisdom, while it is impossible that conformity to their own opinions, when they have opinions, should not enter largely into their judgment as to who possesses the wisdom, and how far its presumed possessor has verified the presumption by his conduct; that it seems quite impracticable to lay down for the elector any positive rule of duty: and the result will depend, less on any exact prescription, or authoritative doctrine of political morality, than on the general tone of mind of the electoral body, in respect to the important requisite, of deference to mental superiority.
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it is because the division of labour is not carried so far as it might be; because the same workman is charged with two, three, or four distinct operations. The influence of this distribution of employment is immense. I have seen a card manufactory where thirty workmen produced daily fifteen thousand five hundred cards, being above five hundred cards for each labourer; and it may be presumed that if each of these workmen were obliged to perform all the operations himself, even supposing him a practised hand, he would not perhaps complete two cards in a day: and the thirty workmen, instead of fifteen thousand five hundred cards, would make only sixty."
In watchmaking, as Mr. Babbage observes, "it was stated in evidence before a Committee of the House of
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investment unless at diminished returns, will appear clearly hereafter. In China, if that country has really attained, as it is supposed to have done, the stationary state, accumulation has stopped when the returns to capital are still as high as is indicated by a rate of interest legally twelve per cent, and practically varying (it is said) between eighteen and thirty-six. It is to be presumed therefore that no greater amount of capital than the country already possesses, can find employment at this high rate of profit, and that any lower rate does not hold out to a Chinese sufficient temptation to induce him to abstain from present enjoyment. What a contrast with Holland, where, during the most flourishing period of its history, the government was able habitually to borrow at
MilEcon, 894
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a narrow compass, and compels the equal division of the whole or the greater part of the property among the children, seems to me, though on different grounds, also very seriously objectionable. The only reason for recognising in the children any claim at all to more than a provision, sufficient to launch them in life, and enable them to find a livelihood, is grounded on the expressed or presumed wish of the parent; whose claim to dispose of what is actually his own, cannot be set aside by any pretensions of others to receive what is not theirs. To control the rightful owner's liberty of gift, by creating in the children a legal right superior to it, is to postpone a real claim to an imaginary one. To this great and paramount objection to the law, numerous secondary ones may be
MilEcon, 924
924
In so far as the motive of the restriction may be supposed to be, not public policy, but regard for the interest of the borrower, it would be difficult to point out any case in which such tenderness on the legislator's part is more misplaced. A person of sane mind, and of the age at which persons are legally competent to conduct their own concerns, must be presumed to be a sufficient guardian of his pecuniary interests. If he may sell an estate, or grant a release, or assign away all his property, without control from the law, it seems very unnecessary that the only bargain which he cannot make without its intermeddling, should be a loan of money. The law seems to presume that the money-lender, dealing with necessitous persons, can take advantage of
MilEcon, 947
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the best judge (though even this is not true universally) of the material objects produced for his use. These are destined to supply some physical want, or gratify some taste or inclination, respecting which wants or inclinations there is no appeal from the person who feels them; or they are the means and appliances of some occupation, for the use of the persons engaged in it, who may be presumed to be judges of the things required in their own habitual employment. But there are other things, of the worth of which the demand of the market is by no means a test; things of which the utility does not consist in ministering to inclinations, nor in serving the daily uses of life, and the want of which is least felt where the need is greatest. This is peculiarly true of those things which
MilEcon, 951
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the means of promoting it, than can either be prescribed to them by a general enactment of the legislature, or pointed out in the particular case by a public functionary. The maxim is unquestionably sound as a general rule; but there is no difficulty in perceiving some very large and conspicuous exceptions to it. These may be classed under several heads.
First:--The individual who is presumed to be the best judge of his own interests may be incapable of judging or acting for himself; may be a lunatic, an idiot, an infant: or though not wholly incapable, may be of immature years and judgment. In this case the foundation of the laisser-faire principle breaks down entirely. The person most interested is not the best judge of the matter, nor a competent judge at all. Insane
MilEcon, 951
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direction of their own conduct and interests, but whether it should leave absolutely in their power the conduct and interests of somebody else. Parental power is as susceptible of abuse as any other power, and is, as a matter of fact, constantly abused. If laws do not succeed in preventing parents from brutally ill-treating, and even from murdering their children, far less ought it to be presumed that the interests of children will never be sacrificed, in more commonplace and less revolting ways, to the selfishness or the ignorance of their parents. Whatever it can be clearly seen that parents ought to do or forbear for the interest of children, the law is warranted, if it is able, in compelling to be done or forborne, and is generally bound to do so. To take an example from the
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