In this Distribution, the First Law, is for Division of the Land it
selfe: wherein the Soveraign assigneth to every man a portion, according
as he, and not according as any Subject, or any number of them, shall
judge agreeable to Equity, and the Common Good. The Children of Israel,
were a Common-wealth in the Wildernesse; but wanted the commodities
of the Earth, till they were masters of the Land of Promise; which
afterward was divided amongst them, not by their own discretion, but
by the discretion of Eleazar the Priest, and Joshua their Generall: who
when there were twelve Tribes, making them thirteen by subdivision of
the Tribe of Joseph; made neverthelesse but twelve portions of the Land;
and ordained for the Tribe of Levi no land; but assigned them the Tenth
part of the whole fruits; which division was therefore Arbitrary. And
though a People comming into possession of a land by warre, do not
alwaies exterminate the antient Inhabitants, (as did the Jewes,) but
leave to many, or most, or all of them their Estates; yet it is manifest
they hold them afterwards, as of the Victors distribution; as the people
of England held all theirs of William the Conquerour.
Propriety Of A Subject Excludes Not The Dominion Of The Soveraign, But
Onely Of Another Subject
From whence we may collect, that the Propriety which a subject hath in
his lands, consisteth in a right to exclude all other subjects from the
use of them; and not to exclude their Soveraign, be it an Assembly, or
a Monarch. For seeing the Soveraign, that is to say, the Common-wealth
(whose Person he representeth,) is understood to do nothing but in order
to the common Peace and Security, this Distribution of lands, is to be
understood as done in order to the same: And consequently, whatsoever
Distribution he shall make in prejudice thereof, is contrary to the
will of every subject, that committed his Peace, and safety to his
discretion, and conscience; and therefore by the will of every one of
them, is to be reputed voyd. It is true, that a Soveraign Monarch, or
the greater part of a Soveraign Assembly, may ordain the doing of many
things in pursuit of their Passions, contrary to their own consciences,
which is a breach of trust, and of the Law of Nature; but this is not
enough to authorise any subject, either to make warre upon, or so much
as to accuse of Injustice, or any way to speak evill of their Soveraign;
because they have authorised all his actions, and in bestowing the
Soveraign Power, made them their own. But in what cases the Commands
of Soveraigns are contrary to Equity, and the Law of Nature, is to be
considered hereafter in another place.
The Publique Is Not To Be Dieted