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claim the whole tree, or the whole flock, and exclude me from any fhare of them, and plead this general intention for what you do. The plea will not ferve you: you muft fhew, by probable arguments at least, that it is God's intention, that these things fhould be parcelled out to individuals; and that the established diftribution, under which you' claim, fhould be upheld. Shew me this and I am fatisfied. But until this be fhewn, the general intention, which has been made appear, and which is all that does appear, muft prevail; and, under that, my title is as good as yours. Now there is no argument to induce fuch a prefumption, but one, that the thing cannot be enjoyed at all, or enjoyed with the fame, or with nearly the fame advantage, while it continues in common, as when appropriated. This is true, where there is not enough for all, or where the article in queftion requires care or labour in the production or prefervation: but where no fuch reafon obtains, and the thing is in its nature capable of being enjoyed by as many as will, it feems an arbitrary ufurpation upon the rights of mankind, to confine the ufe of it to any.

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If a medicinal fpring were difcovered in a piece of ground which was private property, copious enough for every purpofe which it could be applied to, I would award a compenfation to the owner of the field, and a liberal profit to the author of the discovery, especially, if he had bestowed pains or expence upon the fearch; but I' queftion, whether any human laws would be juftified, or would juftify. the owner, in prohibiting mankind from the ufe of the water, or fetting fuch a price upon it, as would almost amount to a prohibition.

If there be fisheries, which are inexhauftible; as the cod-fishery upon the Banks of Newfoundland, and the herring-fifhery in the British feas are faid to be; then all thofe conventions, by which one or two nations claim to themselves, and guarantee to F 2 each

each other, the exclufive ecjoyment of these fifheries, are so many encroachments upo, the general rights of markind.

Upon the fame principle may be determined a question, which makes a great figure in books of natural law, utrum mare fi liberum? that is, as I understand it, whether the exclufive right of navi gating particular icas, or a control over the navigation of thefe feas, can be claimed, confiftently with the law of nature, by any nation? What is neceffary for each nation's fafety we allow; as their own bays, creeks, and harbours, the fea contiguous to, that is within cannon fhot, or three leagues of their coalt: and, upon this principle of general fafety (if upon any principle) must be defended, the claim of the Venetian ftate to the Adriatic, of Denmark to the Baltic fea, and of Great Britain to the feas which inveft the island. But, when Spain af ferts a right to the Pacific ocean, or Portugal to the Indian feas, or when any nation extends its pretenfions much beyond the limits of its own territories, they erect a claim, which interferes with the benevolent defigns of Providence, and which no human authority can justity,

III. Another right, which may be called a general right, as it is incidental to every man who is in a fituation to claim it, is the right of extreme neceffity: by which is meant a right to ufe or deftroy another's property, when it is neceflary for our own prefervation to do fo; as a right to take, without or against the owner's leave, the firft food, clothes, or felter we meet with, when we are in danger of perishing 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 inftituted, the inftitution was not intended to operate to the deftruction

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of any therefore when fach circumstances 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 mifchief refulting from the violation of the general rule, is over-balanced by the immediate advantage.

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

MORAL

воок III.

RELATIVE DUTIES.

PARTI.

OF RELATIVE DUTIES WHICH ARE DE

TERMINATE.

CHA P. I.

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OF PROPERTY.

F you should fee 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 for themselves, but the chaff and refufe; keeping this heap for one, and that the weakest perhaps and worft pigeon of the flock; fitting round, and look

ing on all the winter, whilft this one was devouring, throwing about and wafting it; and, if a pigeon more hardy or hungry than the rest, touched a grain of the hoard, all the others inftantly flying upon it and tearing it to pieces: if you should fee this, you would fee nothing more, than what is every day practifed and established among men. Among men you fee the ninety and nine, toiling and scraping together a heap of fuperfluities for one; getting nothing for themselves all the while, but a little of the coarseft of the provifion, which their own labour produces; and this one too, oftentimes the feebleft and worft 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.

CHAP.

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