The Religion of Nature Delineated, William Wollaston [best time to read books txt] 📗

or he must do it by some proxy, whom he substitutes in his room to agree to public laws; or his consent must be collected only from the conformity of his carriage, his adhering to the society, accepting the benefits of its constitution, and acquiescing in the established methods and what is done by virtue of them. By the two first ways he declares himself explicitly and directly; nor can he after that behave himself as if he was no member of the society, without acting as if he had not done what he has done. And this is the case not only of them who have been concerned in the first formation of any government, but also of them who have in the said manners421 given their consent to any subsequent acts, by which they owned, confirmed, and came into what their ancestors had done, or who have by oaths put themselves under obligations to the public. By the last of the three ways mentioned, a man’s consent is given indeed implicitly, and less directly⁠—but yet it is given, and he becomes a party. For suppose him to be born in some certain kingdom or commonwealth, but never to have been party to any law, never to have taken any oath to the government, nor ever formally to have engaged himself by any other act. In this case he cannot methinks but have some love and sympathy for that place which afforded him the first air he drew, some gratitude towards that constitution which protected his parents while they educated and provided for him, some regard to those obligations under which perhaps they have laid him, and with which limitations, as it were, they (or rather the Governor of the world by them) conveyed to him his very life.

If he inherits or takes anything, by the laws of the place, to which he has no indefeasible right in nature⁠—or which, if he had a natural right to it, he could not tell how to get, or keep, without the aid of laws and advantage of society⁠—then, when he takes this inheritance, or whatever it is, with it he takes and owns the laws which give it him.

Indeed, since the security he has from the laws of the country in respect of his person, and rights, whatever they either are or may happen to be hereafter, is the general equivalent for his submission to them, he cannot accept that without being obliged in equity to pay this.

Nay, lastly, his very continuing and settling in any place shows that either he likes the constitution, or likes it better than any other, or at least thinks it better in his circumstances to conform to it than to seek any other: that is, he consents to be comprehended in it.422

VIII. When a man is become a member of a society, if he would behave himself according to truth, he ought to do these things: viz. to consider property as founded not only in nature, but also in law, and men’s titles to what they have as strengthened by that, and even by his own concession and covenants, and therefore by so much the more inviolable and sacred; instead of taking such measures to do himself right when he is molested or injured, as his own prudence might suggest in a state of nature, to confine himself to such ways as are with his own consent marked out for him; and, in a word, to behave himself according to his subordination or place in the community, and to observe the laws of it. For it is contained in the idea of a law, that it is intended to be observed: and therefore he who is a party to any laws, or professes himself member of a society formed upon laws, cannot willingly transgress those laws without denying laws to be what they are, or himself to be what he is supposed or professes himself to be: and indeed without contradicting all or more of those truths contained in the foregoing propositions.

IX. In respect of those things which the laws of the place take no cognizance of, or when if they do take cognizance of them, the benefit of those laws cannot be had (for so it may sometimes happen. I say, in respect of such things), he who is a member of a society in other respects retains his natural liberty, is still as it were in a state of nature, and must endeavor to act according to truth and his best prudence. For in the former case there is nothing to limit him, by the supposition, but truth and nature. And in the other it is the same as if there was nothing, since in effect there is no law where no effect or benefit from it is to be had. As, for example, if a man should be attacked by thieves or murderers, and has no opportunity or power to call the proper magistrate or officer to his assistance.

There is a third case which perhaps may demand admission here, and that is when laws are plainly contrary to truth and natural justice. For though they may pass the usual forms, and be styled laws, yet, since no such law can abrogate that law of nature and reason to which the Author of our being has subjected us, or make falsehood to be truth, and two inconsistent laws cannot both oblige, or subsist together, one of them must give way, and it is easy to discern which ought to do it.423

There remains one truth more to be annexed here, which may be contradicted by the practices and pretences of Enthusiasts.424

X. The societies intended in this section, such as kingdoms and commonwealths, may defend themselves against other nations: or, war may lawfully be waged in defense and for the security of a society, its members and territories, or for