in the heir to: for if Adam could have no property in, nor use of the creatures, without this positive donation, from God, and this donation were only personally to Adam, his heir could have no right by it; but upon his death it must revert to God, the Lord and owner again; for positive grants give no title farther than the express words convey it, and by which only it is held. And thus, if as our author himself contends, that donation, Gen. 1:28, were made only to Adam personally, his heir could not succeed to his property in the creatures: and if it were a donation to any but Adam, let it be shown, that it was to his heir in our author’s sense, i.e. to one of his children, exclusive of all the rest.

But not to follow our author too far out of the way, the plain of the case is this: God having made man, and planted in him, as in all other animals, a strong desire of self-preservation, and furnished the world with things fit for food and raiment, and other necessaries of life, subservient to his design, that man should live and abide for some time upon the face of the earth, and not that so curious and wonderful a piece of workmanship, by his own negligence, or want of necessaries, should perish again, presently after a few moments’ continuance; God, I say, having made man and the world thus, spoke to him, (that is) directed him by his senses and reason, as he did the inferior animals by their sense and instinct, which were serviceable for his subsistence, and given him as the means of his preservation; and therefore I doubt not, but before these words were pronounced, Gen. 1:28⁠–⁠29, (if they must be understood literally to have been spoken) and without any such verbal donation, man had a right to an use of the creatures, by the will and grant of God: for the desire, strong desire of preserving his life and being, having been planted in him as a principle of action by God himself, reason, “which was the voice of God in him,” could not but teach him, and assure him, that pursuing that natural inclination he had to preserve his being, he followed the will of his Maker, and therefore had a right to make use of those creatures, which by his reason or senses he could discover would be serviceable thereunto. And thus man’s property in the creatures was founded upon the right he had to make use of those things that were necessary or useful to his being.

This being the reason and foundation of Adam’s property, gave the same title, on the same ground, to all his children, not only after his death, but in his lifetime: so that here was no privilege of his heir above his other children, which could exclude them from an equal right to the use of the inferior creatures, for the comfortable preservation of their beings, which is all the property man hath in them; and so Adam’s sovereignty built on property, or, as our author calls it, private dominion, comes to nothing. Every man had a right to the creatures, by the same title Adam had, viz. by the right everyone had to take care of, and provide for their subsistence: and thus men had a right in common, Adam’s children in common with him. But if anyone had begun, and made himself a property in any particular thing, (which how he, or anyone else could do, shall be shown in another place) that thing, that possession, if he disposed not otherwise of it by his positive grant, descended naturally to his children, and they had a right to succeed to it, and possess it.

It might reasonably be asked here how come children, by this right of possessing before any other, the properties of their parents upon their decease? for it being personally the parents, when they die, without actually transferring their right to another, why does it not return again to the common stock of mankind? It will perhaps be answered, that common consent hath disposed of it to their children. Common practice, we see indeed, does so dispose of it; but we cannot say, that it is the common consent of mankind; for that hath never been asked, nor actually given; and if common tacit consent hath established it, it would make but a positive, and not a natural right of children to inherit the goods of their parents: but where the practice is universal, it is reasonable to think the cause is natural. The ground then I think to be this: The first and strongest desire God planted in men, and wrought into the very principles of their nature, being that of self-preservation, that is the foundation of a right to the creatures, for the particular support and use of each individual person himself. But, next to this, God planted in men a strong desire also of propagating their kind, and continuing themselves in their posterity; and this gives children a title to share in the property of their parents, and a right to inherit their possessions. Men are not proprietors of what they have, merely for themselves; their children have a title to part of it, and have their kind of right joined with their parents in the possession, which comes to be wholly theirs, when death, having put an end to their parents use of it, hath taken them from their possessions: and this we call inheritance: men being by a like obligation bound to preserve what they have begotten, as to preserve themselves, their issue come to have a right in the goods they are possessed of. That children have such a right, is plain from the laws of God; and that men are convinced that children have such a right, is evident from the law of the land; both which laws require

Вы читаете Two Treatises of Government
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