ing ought to be made exclufive property, whi can be conveniently enjoyed in common."

It is the general intention of God Almighty, the produce of the earth be applied to the uf man. This appears from the conftitution of nat or, if you will, from his exprefs declaration : this is all that appears hitherto. Under this ge donation, one man has the fame right as ano You pluck an apple from a tree, or take a lamt. of a flock, for your immediate use and nourish. and I do the fame; and we both plead for wh.. do, the general intention of the Supreme Prop. So far all is right; but you cannot claim the tree, or the whole flock, and exclude me fro fhare of them, and plead this general inten what you do. The plea will not ferve yo muft fhew fomething more. You must l' probable arguments, at leaft, that it is Go tion that these things fhould be parcelled dividuals; and that the established distribut which you claim, should be upheld. Shov and I am fatisfied. But until this be 1 general intention, which has been made · which is all that does appear, muft prov der that, my title is as good as yours. no argument to induce fuch a prefun that the thing cannot be enjoyed at with the fame, or with nearly the while it continues in common, ated. This is true, where ther all, or where the article in quef labour in the production or pres no fuch reafon obtaine

ble of bein rbitra

ch

Duties.

T I.

CS WHICH ARE DE.
NATE.

Ster I.

OPERTY.

a flock of pigeons in a field of each picking where, and uft as much as it wanted and ld fee ninety-nine of them t into a heap; referving nothat the chaff and refufe; keeping ...d that the weakeft perhaps and

flock; fitting round, and looker, whilft this one was devouring, nd wafting it; and, if a pigeon angry than the reft, touched a grain the others inftantly flying upon it, 10 pieces: if you should fee this, you hing more, than what is every day cftablished among men. Among men inety and nine, toiling and fcraping top of fuperfluities for one; getting nothelves all the while, but a little of the

rovifion, which their own labour is one too, oftentimes the feeblest

M

fituation to claim it, is the right of extreme neceffity: by which is meant, a right to use or destroy another's property, when it is neceffary for our own prefervation to do fo; as a right to take without or against the owner's leave, the first food, clothes, or fhelter we meet with, when we are in danger of perifhing through want of them; a right to throw goods overboard, to fave the fhip; or to pull down a house, in order to stop the progrefs of a fire; and a few other inftances of the fame kind. Of which right the foundation feems to be this, that, when property was first instituted, the inftitution was not intended to operate to the destruction of any: therefore when fuch confequences would follow, all regard to it is fuperfeded. Or rather, perhaps, these are the few cafes, where the particular confequence exceeds the general confequence; where the remote mischief refulting from the violation of the general rule, is overbalanced by the immediate advantage.

Reftitution however is due, when in our power; because the laws of property are to be adhered to, fo far as confifts with fafety; and because reftitution, which is one of thofe laws, fuppofes the danger to be But what is to be restored? not the full value of property deftroyed, but what it was worth at the time of deftroying it; which, confidering the danger it was in of perishing, might be very little.

over.

Relative Duties.

PART I.

OF RELATIVE DUTIES WHICH ARE DE

TERMINATE.

Chapter I

OF PROPERTY.

IF you should see a flock of pigeons in a field of corn; and if (inftead of each picking where, and what it liked, taking juft as much as it wanted and no more) you fhould fee ninety-nine of them gathering all they got into a heap; referving nothing to themselves, but the chaff and refufe; keeping this heap for one, and that the weakeft perhaps and worft pigeon of the flock; fitting round, and looking on all the winter, whilft this one was devouring, throwing about and wafting it; and, if a pigeon more hardy or hungry than the reft, touched a grain of the hoard, all the others inftantly flying upon it, and tearing it to pieces: if you fhould fee this, you would fee nothing more, than what is every day practised and established among men. Among men you fee the ninety and nine, toiling and fcraping to gether a heap of fuperfluities for one; getting nothing for themselves all the while, but a little of the coarfeft of the provifion, which their own labour produces; and this one too, oftentimes the feebleft M

and worst of the whole fet, a child, a woman, a madman or a fool; looking quietly on, while they fee the fruits of all their labour spent or spoiled; and if one of them take or touch a particle of it, the others join against him, and hang him for the theft.

Chapter II.

THE USE OF THE INSTITUTION OF PROP

ERTY.

THERE must be fome very important advantages to account for an inftitution, which in one view of it is fo paradoxical and unnatural.

The principal of these advantages are the follow ing:

I. It increases the produce of the earth.

The earth, in climates like ours, produces little without cultivation; and none would be found willing to cultivate the ground if others were to be admitted to an equal fhare of the produce. The fame is true of the care of flocks and herds of tame animals.

Crabs and acorns, red deer, rabits, game, and fish, are all we should have to fubfift upon in this country, if we trufted to the fpontaneous productions of the foil and it fares not much better with other countries. A nation of North American favages, confifting of two or three hundred, will take up, and be half ftarved upon a tract of land, which in Europe, and with European management, would be sufficient for the maintenance of as many thousands.

In fome fertile foils, together with great abundance of fish upon their coafts, and in regions where clothes are unneceffary, a confiderable degree of population may fubfift without property in land; which is the cafe at Otaheite: but in leís favoured fituations, as in the country of New-Zealand, though