(5 JO D^- Peni'val's Note] and Jllujirations . 



extraorcilinary emergencies : And the policy of this is fo clear 

 and rational, as to coirtmand general acquiefcence, or implied 

 ponfent. 



It is further alledged that " if every man has a right to furrender 

 " his independance on bargain, (whether exprefs or implied) he 

 " muft have an equal right to retain it." * This is a fallacy : 

 For as man is by nature a fecial being, fociety is eflential to his 

 improvement and happinefs. But fociety cannot fubfilt with- 

 out civil polity ; that is, without fuch laws and regulations, as 

 are neceffary to guard againft imperfeftion and depravity. And 

 man being alfo rational as well as focial, he is bound not to 

 withhold his confent from what is conducive to bis intereft and 

 felicity. 



Government is aflerted to have been " at firft, either patri- 

 " archal or military ; that of a parent over his family, or of a 

 "commander over his army."f When the offspring of the 

 patriarchs had attained the age of difcretion, and the capacity 

 of judging and ^fting for themfelves, it is evident that their 

 fubmiflion to paternal authority muft have been voluntary ; and 

 it could only be voluntary, on terms of reciprocal benefit and 

 comfort. Such terms though not exprefled, muft be under- 

 ftood; and confent, on implied terms, is in its nature a tacit 

 compaft. When two or more patriarchal families united to- 

 gether, the compaft was, probably, exprefs and not implied. 



I f government was at firft military, this prefuppofes compaft : 

 For no individual could have fufficient force to compel numbers 

 to fubmit to his authority, and combine for its extenfion. Their 

 union with him, and fubjeftion to him, muft have been by choice 

 and agreement. A civil polity was, therefore, conftituted an- 

 tecedent to conqueft ; and 1 prefume, conqucft will not be 

 deemed a legitimate foundation of any government. 



• Difquifition on Government and Civil Liberty, by Soame Janyns. 

 Efq. A very excellent anfwer, to this Difquifition, appeared in 17815 

 printed for Debrett, in Piccadilly, 



t Paley's Moral Philofop}iy, p. 399. 



Every 



