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PROPERTY, SPACE AND SACRED HISTORY IN JOHN LOCKE'S TWO TREATISES OF GOVERNMENT

Published online by Cambridge University Press:  19 October 2016

TOM PYE*
Affiliation:
King's College, Cambridge E-mail: tp310@cam.ac.uk
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Abstract

Historians have recently begun to gather round imperial, and lately “global,” contexts in which Western political thought might be better understood. John Locke has been pulled along behind them; the contours of his account of private property have increasingly been explained by his personal connections to the colonies. But in his case, the imperial context does less interpretive work than it appears to. This article attempts to show why: it tells a different, more explicitly intellectual, story about why Locke's depiction of property took the shape that it did. It does so by underlining the extent to which seventeenth-century property debates took place in the spatial and temporal dimensions inhabited by sacred history. It then tries to explain why this might have mattered to Locke.

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Articles
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Copyright © Cambridge University Press 2016 

In 1689, John Locke published a short political tract in which he gave a detailed account of how and why human beings had created private property.Footnote 1 The problem was not new. Since at least the sixteenth century, Christian jurists of various confessional hues had been wrangling with it, not least because the Book of Genesis appeared to describe God as having given the world to mankind to enjoy communally. Before Locke, a prominent and interconfessional solution held that although God had originally granted the world to humans in common, they had subsequently agreed, or consented, to its division.Footnote 2 But as C. B. Macpherson pointed out in 1962, Locke took a different tack.Footnote 3 In his telling, consent had not been necessary in order to begin dividing up the common world; it was required only later in time: first (tacitly) for the introduction of money, and second (expressly) for the formation of the civitas or, in Locke's terminology, “political society.”Footnote 4 In Macpherson's eyes, this established an “unlimited natural right of appropriation,” giving landowners a weapon with which they could protect themselves from the unwelcome incursions of politics.Footnote 5 His motivations, Macpherson concluded, must have derived from the seedbed of class interest: Locke's argument had been designed to justify the landholdings of the emergent liberal bourgeoisie of which he was part.Footnote 6

As historians have become more sensitive to the theological dimension of Locke's thought, the claim that he proposed an unconditional right to property has been dismantled as thoroughly as the Marxist explanation of his motivations.Footnote 7 But Macpherson's association of Locke with liberalism remains, and the positions Locke allocated to consent in his account of property remain unusual.Footnote 8 In order to explain the link, historians have begun to cluster round the history of early English imperialism. One of the most prominent arguments to come from this shift has been made by James Tully and David Armitage.Footnote 9 It claims that Locke had two accounts of the origin of property. The first is supposed to lie in a manuscript fragment titled “Morality,” speculatively dated to 1677–8, in which consent featured as a necessary condition of legitimate appropriation.Footnote 10 The second is supposed to lie in the fifth chapter (“Of Property”) of the Second Treatise of Government, in which this condition was removed.Footnote 11 In a 1993 essay, Tully notes this change as part of a broader argument about the chapter's function as a justification of the colonial projects in which Locke was personally involved as a landgrave, or noble, of the colony of Carolina.Footnote 12 In a 2004 article, and again in a 2012 essay, Armitage pushes Tully's observation further, arguing that Locke's removal of consent was a consistency requirement for a revised version of the Constitutions of Carolina to which he was contributing in the summer of 1682.Footnote 13 “Of Property,” he contends, was also composed around this time—much later than both the First Treatise, which dates to 1680, and much of the Second Treatise, which was written throughout 1681 and 1682.Footnote 14 As Locke's mature account of property could now be connected so directly to his role as a colonial administrator, Armitage concludes more forcefully than Tully that the shift from the early note to “Of Property” was motivated by Locke's private imperial designs.Footnote 15 Under Armitage's microscope, one of the “founding texts of liberalism” reveals itself to be exclusionary by design, and liberalism to be exclusionary by nature.Footnote 16

Apology for colonial activity was implicit in Locke's later conclusion that appropriation required no consent, and given the biography carefully marshalled by Armitage, it is certainly plausible to think of such apology as motivating the conclusion itself. But this article aims to suggest other reasons for why Locke saw property as he did—reasons which do not replace his imperial motivations, but which raise questions about how his purposes might be organized. It attempts to do so by underlining the extent to which seventeenth-century property debates took place in the spatial and temporal dimensions inhabited by sacred history—the record of God's actions in and upon time.Footnote 17 Sacred history has only relatively recently begun to attract the attention of intellectual historians.Footnote 18 It has also only recently been pulled into the orbit of the history of political thought, as the resources it provided to seventeenth- and eighteenth-century Catholics wishing to conjecture about the origins of society have been brought to light.Footnote 19 This article, however, takes as its point of departure a recent reminder that despite its abstraction from history, much natural-law thinking was parasitic on (often sacred) conceptions of time and place.Footnote 20

It begins by casting doubt on whether “Morality” can readily be compared with “Of Property” as, once probed, they do not appear as different accounts of property so much as different ways of thinking about human relations altogether. “Morality” framed the problem of possession (not “property”) in terms of sociability: the question of how humans could be expected to behave within and without the political city, or civitas.Footnote 21 But as they were designed to answer Robert Filmer's Patriarcha, published for the first time in 1680, the Two Treatises looked instead at the formation of property as a moment in sacred time and space.Footnote 22

Targeting Patriarcha took Locke, as John Pocock observed some time ago, onto the terrain of “sacred, not national history.” (Filmer's forays into English constitutional history were republished in 1679, but Locke had left them for others to rebut.)Footnote 23 It was in this work that Filmer had traced the origins of property to God's grant of the world to Adam, and followed its donative descent through the biblical narrative of the Fall, the Flood, and the founding by Noah's progeny of the gentes, or nations, which had since spread out over the surface of the earth. Among Filmer's own targets was the Dutch jurist Hugo Grotius, whose De iure belli ac pacis (1625), though inhabiting the same history, had come to the risible conclusion that property derived not from Adam, but from the later consent of all humankind—a collective act that had taken place once after the Fall, and again after the Deluge.Footnote 24 To answer Filmer on property, then, was to rehabilitate Grotius; and to rehabilitate Grotius was to seize back the sacred-historical land on which Filmer had trespassed in Patriarcha. Locke attempted to do so in the First Treatise, continuing his case in the second. In order to succeed, he had to show that God had not donated the world to Adam; but he also had to show why, after the Fall and after the Deluge, there had been no need for humans to consent to its partition. The latter task was the more difficult, but Locke managed to meet it by arguing that due to the abundance of space in the early ages of the world, humans could in fact have had property before agreeing with one another to protect it.

I

First to “Morality,” and whether it can be read as an early “contractual account of the origins of property.”Footnote 25 An initial problem with doing so is its dating: written on each side of two loose leaves of paper, the fragment has so far proved impossible to date with certainty, though various conjectures have been made. Thomas Sargentich, its first publisher, dated it to the early 1690s, citing theoretical similarities between it and another fragment, “Ethica A” (1692).Footnote 26 Among them was the hedonism with which the note began.Footnote 27 But Locke had already dipped his toe in hedonistic waters in 1676: “happiness and misery,” he wrote on 16 July that year, “seem to me wholly to consist in . . . pleasure and pain of the mind.”Footnote 28 Unconvinced by Sargentich, Patrick Kelly gave “Morality” the alternative date of 1677–8, citing its similarity to Locke's journals from around that time (though without giving examples).Footnote 29 This dating has been silently followed by Tully and Armitage and accepted as probable by Mark Goldie, the editor of a modern collection of miscellaneous political pieces in which the fragment appears. But it remains uncertain.

The second problem with reading “Morality” as an account of property's origins is analytical, for the note appears unconcerned with the origins of property at all: it has neither spatial nor temporal dimensions, offers little sense of where or when human beings might have found property necessary, and gives no indication of a foundational moment (or series of moments) having taken place in sacred-historical time. Regarding possession, the note stated baldly that “man at his birth can have no right to anything in the world more than another. Men therefore must either enjoy all things in common or by compact determine their rights.”Footnote 30 If the world were to be left in common, it continues, “want, rapine and force will unavoidably follow in which state, as is evident, happiness cannot be had which cannot consist without plenty and security.”Footnote 31 If these “compacts” were to be broken, “then whatever I possess will be subjected to the force or deceit of all the rest of the men in the world, in which state it is impossible for any man to be happy unless he were both stronger and wiser than all the rest of mankind.”Footnote 32 If kept, they would establish justice, “the greatest and difficultest duty,” distinct from secondary virtues “not comprised under direct articles of contract such as . . . civility, charity, liberality.”Footnote 33 Locke concluded the fragment by defining only civility, as “nothing but outward expressing of goodwill and esteem or at least of no contempt of it.”Footnote 34

As Tully and Armitage have pointed out, Locke in the fragment required consent as a condition of legitimate possession. But taken in context, the remarks concern sociability more than they do property. Human beings, Locke was acknowledging, required the institution of the civitas to prevent their destruction; without signing up to a set of rules, they were destined endlessly to subject one other in the process of aggrandizing themselves. But outside the auspices of the civitas, they appeared capable of performing—if not actually holding—respect for one another. Locke was clear enough that this “civility” needed shoring up by the foundation of the city; but he nevertheless indicated that the city was not the only means through which human beings could be brought peacefully to coexist.Footnote 35

Analytically, the note's discussion of civility and justice is less similar to “Of Property” than to Locke's translation of the Jansenist theologian Pierre Nicole's Essais de Morale (1671–8).Footnote 36 Between 1675 and 1679 Locke was in France, and acquired the first two volumes of Nicole's Essais in 1676.Footnote 37 By August that year, he had begun to translate three essays: “On the Existence of a God,” “Discourse of the Weaknesse of Man,” and the “Treatise concerning the way of preserving peace with men.”Footnote 38 Completing the bulk of the work in 1677, he presented his translation in manuscript to the Countess of Shaftesbury upon his return to England in 1679.Footnote 39 He did not publish it.

In a manuscript fragment dated to 1677, and probably intended as a draft preface to the translated essays, Locke admitted that he had been cavalier with the French text.Footnote 40 “I have thought fit,” he wrote, “sometimes to dispense with the strict formalities of a translator . . . to keep close to his argument, [I] have sometimes deviated from his words.”Footnote 41 Uninterested in showing the “world the proprieties or agreements of these two languages or how well I might render the one into the other,” he attempted rather to depict what he saw as the Jansenist's key ideas.Footnote 42

Nicole sat at the intersection of what might tentatively be characterized as Jansenist scholastic and Protestant conceptions of natural law, the former centred on the individual agency of Fallen man, the latter on a sphere of behaviour towards others (“alterity” or sociability).Footnote 43 Accordingly, the “Discourse” ruminated on the fragile and mortal condition of Fallen human beings, whilst the “Treatise” concerned the social systems they were able to construct on the basis of the passions. For Nicole, the passions and bodily movements of pre-lapsarian man were subjected to his faculty of reason.Footnote 44 But after the Fall, the capacity of reason to control the passions had been lost. As Locke rendered the problem, “We [now] flote in the Ocean of this world, under the conduct of our passions, with which we drive, some times this way, some times that way, as a vessell, without compasse, without pilot.”Footnote 45 Fallen man was mortal, and “continually expos'd to a thousand accidents.”Footnote 46 His pathology consisted in a turning away from God toward other creatures, particularly himself: in the terminology of Nicole and other Port-Royal Jansenists, this was amour-propre.Footnote 47 In his “Traité des moyens de conserver la paix,” the final of the essays translated by Locke, Nicole addressed the question whether it was possible to conceive of a social sphere in which individuals might peaceably engage with each other whilst driven mainly by amour-propre, or self-love.

“The necessitys, & wants of life,” Locke wrote, “drive men into societys, & keep them there togeather.”Footnote 48 This meant that “societys are according to the will of god, since to that end he hath left us under those necessitys.”Footnote 49 In Locke's rendering of Nicole, man's inclination toward society therefore stemmed from his desire to satisfy his own material needs rather than from any other-regarding aspect of his moral psychology.Footnote 50 This did not obviate the requirement for “Love, & respect,” both of which were “necessary to [society's] preservation.”Footnote 51 But “being of themselves invisible, men have by consent establishd certain dutys, to passe as the marks, & pledges of them.”Footnote 52 These tokens of respect and esteem were “external actions” visible to the naked eye, and were payable “wherever the internall [and invisible] dispositions, they stand for, are due.”Footnote 53 The performance of these actions was crucial: human societies were made up of people who “are full of love, & esteeme of them selves: & if others endeavour not a litle to satisfie, & sooth those inclinations, societys will prove but heards of malcontents, and hardly hold togeather.”Footnote 54 It was thus incumbent on human beings to conform to the “devoirs de civilité,” rendered by Locke as the dictates of “civility.”Footnote 55 Fallen men were capable of massaging the egos of others, but only if their own egos were massaged in return: “Those that pay us civilitys, expect the same from us again.”Footnote 56 It was a “sort of commerce” in external affections, Locke wrote, which was both “establishd & regulated by self-love [amour-propre] which being supreme judg in the case obleiges both sides to equall, & punctuall returns; & allowes us to complain, when others faile in their part of the performance.”Footnote 57

The civility Locke described in “Morality”—“nothing but outward expressing of goodwill and esteem”—resembles the civility he had articulated in his translation of Nicole's Essais.Footnote 58 In “Morality,” as in the translation, civility could no more replace the civitas than it could save the soul: humans were incapable of having possessions without agreeing with one another to respect them; they had to “enjoy all things in common or by compact determine their rights.”Footnote 59 Civility acted rather as a secondary source of stability within the city, and was part of the note's enquiry into how the disorder generated by human passions might be resolved. But neither “Morality” nor Nicole's Essais gave Locke an articulation of, or an answer to, the question whether (or how) sociability might be maintained prior to a point at which some sort of communal consent became necessary. By explaining the origin of property in the spatial and temporal terms provided by the sacred history of Creation, Grotius came to give him both; Locke's response, however, emerged only from his tussle with Filmer, who himself had been tussling with Grotius.

II

Filmer troubled Locke because he claimed to be able to derive a specific political doctrine from Scripture, thus precluding any further form of political reflection.Footnote 60 But Scripture was also historical record: the book of Genesis was “Moses’ history of the creation,”Footnote 61 and it was on this ground that Filmer had ridiculed Grotius. “It seems strange,” he intoned, that “Grotius should maintain that community of all things should be by the law of nature, of which God is the author, and yet such community should not be able to continue.”Footnote 62 Does it not “derogate from the providence of God Almighty, to ordain a community which could not continue?”Footnote 63

If Scripture showed that God gave the world to mankind in common, Filmer reasoned, then any subsequent abrogation of that community by the introduction of property must have been a “sin of high presumption.”Footnote 64 To skirt the problem, Grotius had adopted a solution advanced by the sixteenth-century Dominican scholastics Francisco de Vitoria and Domingo de Soto. They had argued that God gave the world to mankind in common, but left open the question of how exactly it might be shared.Footnote 65 This meant that appropriation was allowed under natural law, but that human beings had to agree with one another to effect it. All mankind, they claimed, had consented to the partition of the world after the Fall, and again after the Flood. This consensus took the role normally assigned to God or a lawgiving prince, and marked a historical transition from the realm of natural law to the law of nations, or jus gentium.Footnote 66 As Grotius saw, this intricate (and sophisticated) scholastic proposition had managed to shake off the association of property with sin. But Filmer was insistent. The simplicity of his own argument—that God gave the world directly and exclusively to Adam, and that all property derived (by donation) from this ultimate source—allowed him to paint the jus gentium as sophistry: if “the law of nature” was really “one and the same with the moral,” he asked, then why was a separate law needed to legitimate property?Footnote 67

Consent was a further absurdity. He mocked the idea that “all the men in the world at one instant of time should agree together in one mind to change the natural community of all things”; the dissent of one man alone would have brought the entire consensual edifice crashing down.Footnote 68 Non-unanimous consent fared little better. If “some” of our forefathers had consented to “property of goods and subjection to governors” (Filmer yoked together what Grotius had kept apart), they could just as easily have opted to return to “community and liberty” whenever it suited.Footnote 69 On this account of property and politics, there was nothing stopping men from doing the same thing now: it would be “lawful for every man, when he please, to dissolve all government, and destroy all property.”Footnote 70

Locke took the challenge seriously, and used the First Treatise to repair the damage Filmer had inflicted on Grotius.Footnote 71 The patches he applied were sometimes obvious, sometimes subtle. In order to see how they fitted together, some comparison will therefore be necessary: first with Grotius himself, and second with the German jurist Samuel Pufendorf.Footnote 72 In 1678, Locke bought Pufendorf's De officio hominis et civis (1673);Footnote 73 in June 1680, he purchased his magnum opus, De jure naturae et gentium (1672).Footnote 74 Acquisition is no guarantee of engagement, but, like Locke, Pufendorf was committed to reformulating the weaker parts of Grotian natural law; setting them alongside one another helps to clarify the revisions they made to Grotius's account of property. Most significantly, Pufendorf (like Grotius) introduced consent quickly as part of the temporal sequencing dictated by the sacred history of Creation. Locke, however, did not.

In De iure belli—the work torn into by Filmer—Grotius argued that “Almighty GOD, at the Creation, and again after the Deluge, gave to Mankind in general a Dominion over Things of this inferior World.”Footnote 75 Every man “converted what he would to his own Use, and consumed whatever was to be consumed; and such a Use of the Right common to all Men did at that Time supply the Place of Property, for no Man could justly take from another, what he had thus first taken to himself.”Footnote 76 This state of things could have continued indefinitely, had “Men persisted in their primitive Simplicity.”Footnote 77 Before long, however, they “applied themselves to various Arts,” the first of which “were those of Agriculture, and Feeding Cattle; they were exercised by the first Brothers, so that there was between them some Sort of Division of Goods.”Footnote 78 This division was repeated after the Flood, when nations (gentes) “went afterwards some one Way, and some another, and thus divided the Lands amongst them.”Footnote 79 The “origin of property” thus “resulted from a certain Compact and Agreement, either expressly, as by a Division; or else tacitly, as by Seizure.”Footnote 80 As part of his own narrative of the Creation, Grotius inserted consent at the very moment at which the common was first divided.

Pufendorf began to modify Grotius's account by crafting a distinction between positive and negative community. Understood “negatively,” common things were said to be “No Body's, rather negatively, than privatively, i.e. that they are not yet assigned to any particular person, not that they are incapable of being so assign'd.”Footnote 81 It was on this basis that God had granted the world to mankind: “antecedently to any Act of Agreement of Men, there was a Communion of all Things in the World; not such as we have before term'd positive, but a negative Communion.”Footnote 82 In this way, Pufendorf overcame the charge that the individuation of what was common must necessarily contradict God's providence. But whilst managing to reshape Grotius's conception of consent, Pufendorf found no way of doing away with it altogether: in both De jure naturae and De officio hominis, the position he accorded to consent in the Scriptural history of Creation toed the Grotian line.

“In the beginning,” Pufendorf began, all things required for human sustenance “are thought to have been made available by God to all men indifferently, so that they did not belong to one more than to another.”Footnote 83 The partition of the common was “afterwards adjusted, by the Disposal of Men, according as the Peace of human Society seem'd to require.”Footnote 84 Hence once population started to grow, and men started to cultivate “things which produce food and clothing,” they began to divide “things amongst themselves, and each was assigned his own proper portion.”Footnote 85 In this way, “property in things or ownership was introduced by the will of God, with consent among men right from the beginning and with at least a tacit agreement.”Footnote 86

Unlike Grotius, however, Pufendorf was keen to establish the incremental and contingent quality of this consent: “Men left this original negative Communion, and, by Covenant, settled distinct Properties, not at the same Time, and by one single Act, but by successive Degrees.”Footnote 87 The gloss was more than cosmetic: behind it lay Pufendorf's recognition that in light of the challenge presented by Hobbes, Grotius's concept of sociability needed reworking.Footnote 88 Grotius, Pufendorf saw, lacked an individualist moral epistemology underpinning his theory of sociability—a shortcoming that was impossible to defend in the wake of De cive (1642) and Leviathan (1651). Much of De jure naturae and De officio hominis was aimed at providing him with one, and Pufendorf's complication of Grotius's clean historical transition between jus naturale and jus gentium was part of the endeavour.Footnote 89 That consensual agreements about property were made by multiple early human communities over time—rather than all of humankind at once—demonstrated two things: that disparate human beings could enter into agreements with each other in response to changing circumstances and, consequently, that human association must—at least to some degree—revolve around the principle of utility. Covenants relating to property, Pufendorf claimed, therefore issued from the changing utility requirements and calculations of groups of human agents over time.Footnote 90 This adaptation of the temporal dimension of Grotius's sacred-historical story served effectively to counter the position of Hobbes, for whom time was rather internal and particular to the mind of any given human agent.Footnote 91 Without filtering his state of nature through a sacred-historical account of the first ages of humankind, time for Hobbes was a source only of strife, and another confirmation that the civitas alone could resolve the problems generated by the aggressive honour-seeking of human beings.Footnote 92 But whilst Pufendorf's adaptation of Grotian sociability helped him to avoid this particular conclusion, consent nevertheless remained central to his account of property: in Pufendorf as in Grotius, consent was a requirement of division, and was embedded in the history of God's grant of the world to mankind.

In the First Treatise, Locke began by indicting Filmer for wrongly asserting that God's grant of government to Adam (Genesis 1:28) took place at the moment of his creation, rather than after the Fall.Footnote 93 Taken in its proper historical setting, Locke argued, the grant conferred “no immediate power to Adam over men,” but only over “inferior creatures.”Footnote 94 It was nothing but the “Confirmation of the Original Community of all things amongst the Sons of Men.”Footnote 95 More importantly, the power God did confer was not “Private Dominion over the Inferior Creatures, but right in common with all Mankind.”Footnote 96 The post-diluvian grant of government given to Noah and his sons (Genesis 9:1–3) was similar insofar as it conferred no dominion over other men.Footnote 97 But in one crucial respect, it was different: “Property [was] not only given in clear words, but in a larger extent than it was to Adam.”Footnote 98 Genesis 1:29–30 showed that Adam “could not make bold with a Lark or a Rabbet to satisfie his hunger, and had the Herbs but in common with the Beasts.”Footnote 99 But Noah and his sons were given the “utmost Property Man is capable of, which is to have a right to destroy any thing by using it; Every moving thing that Liveth, saith God, shall be Meat for you, which was not allowed to Adam in his Charter.”Footnote 100 Locke noticed Filmer's attempt to brush the difference under the carpet: the Noachic grant, he had argued in the Observations, left Adam's title “to a property of all things” untouched, and offered Noah “but an enlargement only of [Adam's] commons.”Footnote 101 Locke responded by asking why Adam, putative lord of all the world, was not allowed to eat meat. (A vegetarian lord, he was implying, was no lord at all.)Footnote 102 Properly understood, the distinction between Adamic and Noachic property was analogous to “having Dominion, which a Shepherd may have, and having full Property as an Owner.”Footnote 103

The significance of this distinction between post-lapsarian and post-diluvian property, however, did not lie wholly in what it said about Filmer, nor in what it said about Noah and his progeny. It lay in the fact that a distinction had existed at all. Taken together, the two grants showed that in respect of God, “Mans Propriety in the Creatures is nothing but that Liberty to use them, which God has permitted, and so Man's property may be altered and enlarged, as we see it was here, after the Flood, when other uses of them are allowed, which before were not.”Footnote 104 If combined, the Fall and the Flood laid bare the conditions of God's gift of the world to man. Neither post-lapsarian nor post-diluvian grant determined who was to have property in “distinct portions of the Creatures”: that was a matter for mankind to settle themselves, “in respect of one another.”Footnote 105 What the grants did do was dictate the kind of property mankind were permitted to have, or the uses to which they were permitted to put the earth. By forbidding Adam from eating meat, God had restricted his use of the world. By then lifting this restriction for Noah and his progeny, God altered the kind of property they were permitted to acquire. As the question of who owned what was not at stake after either the Fall or the Flood, Locke could conclude that in respect of God, “What other Property Man can have in the Creatures, but that Liberty of using them, is hard to be understood.”Footnote 106

This may be taken as an oblique formulation of Pufendorf's negative community, itself a conception of a world given to no one in particular, but free for the use of all. Nevertheless, Locke came close in the following three paragraphs to claiming that God gave the world to mankind collectively (or in Pufendorf's terminology, positively).Footnote 107 It was ludicrous to suppose, Locke went on, that by making Adam proprietor of all the world, God had denied mankind access to the materials they needed to survive; it was more “reasonable to think” that he “should rather himself give them all a Right, to make use of the Food and Rayment, and other Conveniencies of Life, the materials whereof he had so plentifully provided for them.”Footnote 108 Rather than giving “one of his children” property, he had given “his needy Brother a Right to the Surplusage of his Goods.”Footnote 109 This was because human beings had been put on earth for a purpose: to be fruitful and to multiply.Footnote 110 In order to align themselves with God's directive, they must all be able to subsist.Footnote 111

But if Locke saw God as having given humans a right to the means of self-preservation, he might have struggled to remove consent from his Creation story by the end of the chapter—a feat neither Grotius nor Pufendorf had managed.Footnote 112 He did so by proposing a world owned, as Filmer had suggested, by one man alone. Such a world would fail to show that “propriety in Land, even in this Case” bestowed sovereignty.Footnote 113 It would show only that “Compact might; since the authority of the Rich Proprietor, and the Subjection of the Needy Beggar began not from the Possession of the Lord, but the Consent of the poor Man, who preferr'd being his Subject to starving.”Footnote 114 There was no suggestion that consent was required for the proprietor to become a proprietor in the first place; consent intervened only at the foundational moment of the civitas.

A question remains. Locke's reading of Genesis suggested that, initially, mankind had no need of rights to the means of self-preservation, and no need to consent to the formation of property. But he still had to show how, without either of these aids, human beings could still comply with God's directive to be fruitful, to multiply, and to replenish the earth. He managed it only by adapting Grotius: Locke saw in him a way of using the spatial dimensions of the first ages of the world to extend the temporal duration of the original community of mankind.

III

Grotius's discussion of the Flood contained a double-sided analysis of space. After the post-diluvian division of the world by the gentes, there was enough space for common places to remain in the interstices between them. There remained among neighbours a “Community” of pastures, “because the Extent of Grounds was as yet so great in Proportion to the small Number of Men, that it was sufficient to answer the Occasions of many, without their incommoding one another.”Footnote 115 But it was precisely this abundance of space that served to ensure the original division of the “antient” community: “by Reason of the Distance of Places where each [of the gentes] was settled; and afterwards because of the Defect of Equity and Love,” there was “no Possibility then of using Things in common.”Footnote 116 On this point, Pufendorf concurred: “When Men are scattered into different Places, and fixed at a Distance from each other, ’twould be a foolish Labour to gather all the Provision into one Heap, and to distribute it out of the common Mass.”Footnote 117

Attention has recently been drawn to Grotius's deliberate placement of distance before vice—the “Defect of Equity and Love”—in his causal explanation of the ending of natural community.Footnote 118 For Grotius, the distances between gentes were a blight on history; they represented the departure of mankind from their original, communal, and naturally sociable condition.Footnote 119 But there remained a network of common places which, if used, could reconnect the gentes with one another. Traders, merchants and travellers thereby acquired a theological function: as they navigated the sea and passed through highways linking place to place, they restored the communication that division had destroyed and, in doing so, tugged humanity back toward its original (and sociable) condition.Footnote 120 Migrants served the same purpose, but so did settlers. As long as the occupants of the place being colonized had not instituted their own political power, or imperium, there was nothing preventing its settlement (as, for Grotius, there could be no imperium over place without imperium over people).Footnote 121 Like migration and commerce, colonial activity was a tonic for division, and pushed human beings back toward the community which God had originally designed for them.

Locke cut out the consensual division of the world by the gentes from his own discussion of the Deluge. But he held on to Grotius's spatial abundance. Filmer may have claimed, Locke argued, that Noah inherited the world at the expense of his progeny. But he had failed to show what harm would have befallen Noah if God had permitted his sons use of the earth, as “the whole was not only more then Noah himself, but infinitely more than they all could make use of, and the Possessions of one could not at all Prejudice, or as to any use streighten that of the other.”Footnote 122 By keeping abundance and dropping division, Locke inverted Grotius's argument. For Grotius, the vast space into which the gentes sprawled spelled the end of the original community: mankind became divided, and the distances between gentes made its common enjoyment impossible. But for Locke, space preserved community. If the world was “infinitely more” than Noah and his sons could use, there was no cause for “Prejudice,” and thus no occasion for men to agree on (or consent to) a division of land. Distance obstructed natural sociability for Grotius, but maintained it for Locke. This was why consent was absent from Locke's Creation story: at this point, it was simply unnecessary. Humans could take up their freedom to use the world without impinging on one another or contravening God's directive to increase and to multiply.

In “Of Property,” Locke buttressed his claim. But he did so on different territory. The First Treatise’s exploration of the Fall and the Deluge had taken place in the world of sacred history; the Second Treatise began from the “State all Men are naturally in” (the state of nature) before following them into property and, after that, into political society.Footnote 123 This world remained God's: its men were “the Workmanship of one Omnipotent, and infinitely wise Maker; All the Servants of one Sovereign Master, sent into the World by his order and about his business, they are his Property.”Footnote 124 But it also retained the dimensions of sacred time and space in which the First Treatise had operated; at the very least, it was parasitic upon them. The chapter therefore picked up where Locke's discussion of Noah left off, and overturned Pufendorf's claim that in the early ages of the world, natural resources had been scarce: “considering the plenty of natural Provisions there was a long time in the World, and the few spenders . . . there could be then little room for Quarrels or Contentions about Property.”Footnote 125 Hence, “at least where there [was] enough, and as good left in common for others,” men could appropriate without consent.Footnote 126 Conditions of “enough, and as good,” Locke continued, would persist because the small and relatively uniform size of the human stomach set a natural limit on how much one would labour, and how much property one could thereby acquire: “As much as any one can make use of to any advantage of life before it spoils; so much he may by his labour fix a property in.”Footnote 127

Without Locke's claim about space, however, his spoliation proviso might not have been able to overcome Grotius and Pufendorf. For both of them, conditions of “enough, and as good” may well have existed for a time, but cultivation soon necessitated a consensual division of goods. Grotius was clear that as soon as agriculture and pasturage were developed by the “first brothers” (Cain and Abel), the common was divided.Footnote 128 Pufendorf's marker was the cultivation of “things which produce food and clothing.”Footnote 129 For both, agriculture multiplied the possibilities for conflict by exacerbating natural inequalities between the capabilities, industriousness and inclinations of different human beings. Combined with their dispersal across the world, this made its common enjoyment impossible.

But Locke's spoliation limit could withstand the development of agriculture: “As much Land as a man Tills, Plants, Improves, Cultivates, and can use the Product of, so much is his Property.”Footnote 130 The reason for this, he argued, was spatial: “Nor was this appropriation of any parcel of Land, by improving it, any prejudice to any other Man, since there was still enough, and as good left; and more than the yet unprovided could use.”Footnote 131 After all, “He that had as good left for his Improvement, as was already taken up, needed not complain.”Footnote 132 As long as there was enough space for individuals or families to disperse, they would be unlikely to clash over the same goods: there were few causes of conflict, and little reason for men to agree to dissolve the common. Moreover, mankind's diffusion could safely be assumed in the “first Ages of the World, when Men were more in danger to be lost, by wandering from their Company, in the then vast Wilderness of the Earth, than to be straitned for want of room to plant in.”Footnote 133 In the hands of Grotius and Pufendorf, distance brought forward the consensual division of the common. But in Locke's, distance delayed it.

In some places space soon became constrained enough to necessitate consensual partition. Locke had two (related) answers to the question of how this had happened, the first of which involved explicitly contesting the early moment at which Grotius had inserted consent into Scripture. Consent would have been superfluous, Locke argued, between Grotius's “first brothers,” Cain and Abel: “Cain might take as much Ground as he could till, and make it his own Land, and yet leave enough to Abel’s Sheep to feed on; a few Acres would serve for both their Possessions.”Footnote 134 Neither was any division of the world necessary among the earliest families and gentes. Right down to the time of Abraham (son of Terah, the tenth descendant of Noah), families “wandred with their Flocks, and their Herds, which was their substance, freely up and down,” making it clear that “a great part of the Land lay in common; that the Inhabitants valued it not, nor claimed Property in any more than they made use of.”Footnote 135 Consent, Locke concluded, only emerged as the product of explicit competition over the same pastoral lands, itself a product of a natural increase in livestock: “when there was not room enough in the same place, for their Herds to feed together, they, by consent, as Abraham and Lot did, Gen. xiii. 5. separated and inlarged their pasture.”Footnote 136

Locke's second answer introduced money as an artificial accelerant of the constriction of space. There would be still enough land in the world to provide for double its current inhabitants, Locke claimed, “had not the Invention of Money, and the tacit Agreement of Men to put a value on it, introduced (by Consent) larger Possessions, and a Right to them.”Footnote 137 The spoliation proviso had previously provided no outlet for natural covetousness, because “as a Man had a Right to all he could imploy his Labour upon, so he had no temptation to labour for more than he could make use of.”Footnote 138 But money unleashed it by allowing men to cheat the proviso: man could now appropriate more than he could consume and exchange the surplus for non-perishable specie, “the exceeding of the bounds of his just Property not lying in the largeness of his Possession, but the perishing of any thing uselesly in it.”Footnote 139 This triggered competition for space, necessitating consent. But this time, agreement could not be as simple as it had been for Abraham and Lot; the inequalities made possible by money raised the question of how juridically equal men could agree to an unequal division of goods.Footnote 140 Locke's answer was tacitly: “This partage of things, in an inequality of private possessions, men have made practicable out of the bounds of Societie, and without compact, only by putting a value on gold and silver and tacitly agreeing in the use of Money.”Footnote 141

In places where competition for resources had become fierce and the common had already been consensually divided, communities tended to form in order to institute the civitas: “in some parts of the World, (where the Increase of People and Stock, with the Use of Money) had made Land scarce, and so of some Value, the several Communities settled the Bounds of their distinct Territories,” and then, “by Compact and Agreement settled the Property which Labour and Industry began.”Footnote 142 But elsewhere—and by this, Locke meant America—there were still “great Tracts of Ground to be found, which (the Inhabitants thereof not having joyned with the rest of Mankind, in the consent of the Use of their common Money) lie waste, and are more than the People, who dwell on it, do, or can make use of, and so still lie in common.”Footnote 143 Besides explaining how the individuation of the common could precede both its consensual division and the formation of the civitas, Locke's spatial argument could also serve to justify the non-consensual appropriation of American land; by this point, its potential to act as imperial apologetic had become clear. But apology was not necessarily the primary object of Locke's argument: it may just as plausibly have been motivated by his desire to rebuild Grotius in a way that met Filmer's challenge. At stake was the authority over the earliest written (and sacred) records of human history, which, following Patriarcha’s publication, had been thrust into Filmer's hands. In taking it back, Locke articulated a view of imperial acquisition which followed from his understanding of how God had bequeathed the world to human beings, and of what they had done to it since. In arriving at this understanding, he had outlined a social sphere which accommodated both the non-consensual acquisition of property and the tacitly consensual use of money. In time, he had situated it after God's original grant of the world to mankind but before the (consensual) foundation of cities, which answered Filmer on the question of order as well as consent: dissolution of the civitas would return its citizens not to natural community and liberty, but to the less appetizing prospect of property rendered insecure by a scarcity of goods and space.

The best recent work on liberalism and empire has not stopped at revealing the colonial contexts in which a purportedly universal idiom was formulated and expressed: it has taken the further step of exploring the character of the connection, and how it changes across time and space.Footnote 144 But in Locke's case, the revelation of his imperial complicity remains the terminus of the story,Footnote 145 and has been presented as a gleaming example of what an internationalized—or globalized—intellectual history can do.Footnote 146 This article has sought to step beyond Locke's complicity by asking whether it might not be distortive to see Carolina as the only (or even the overriding) determinant of his view of property.Footnote 147 In the early modern historiographical culture in which Locke operated, the past continued to consist primarily of the textual records of human actions.Footnote 148 The Old Testament continued to be the earliest of such records, so it mattered to Locke that Filmer had brandished it as the source of his politics. Accepting this as one of the contexts in which Locke articulated his own account of property does not eliminate the context of imperial acquisition; the Two Treatises was formed in both. What it does do is raise the possibility that, for Locke, justifying the expropriation of American land was a second-order priority. It also suggests that global contexts need to be related to intellectual contexts, rather than simply extruding them.

References

1 Locke, John, Two Treatises of Government, ed. Laslett, Peter (Cambridge, 1960Google Scholar; repr. 1988), II.25–51. Henceforth TT, followed by (Roman) treatise and (Arabic) paragraph numerals.

2 Brett, Annabel, Changes of State: Nature and the Limits of the City in Early Modern Natural Law (Princeton, 2011)CrossRefGoogle Scholar, 196–99.

3 Macpherson, C. B., The Political Theory of Possessive Individualism (Oxford, 1962Google Scholar; repr. 2011), 194–221.

4 Ibid., 210–11; for Locke's use of “political society” see, in particular, TT II.77–94; on the political city, or civitas, in early modern natural law see Brett, Changes of State, passim; see also, more generally, Brett, Liberty, Right, and Nature: Individual Rights in Later Scholastic Thought (Cambridge, 1997); and also Brett, “Scholastic Political Thought and the Modern Concept of the State,” in Annabel Brett, James Tully and Holly Hamilton-Bleakley, eds., Rethinking the Foundations of Modern Political Thought (Cambridge, 2006), 130–49.

5 Macpherson, Political Theory, 203; for a reading of Locke which takes up this view and unspools its political implications see Nozick, Robert, Anarchy, State, and Utopia (Oxford, 1974)Google Scholar.

6 Macpherson, Political Theory, 222–62.

7 Dunn, John, The Political Thought of John Locke (Cambridge, 1969)CrossRefGoogle Scholar; for readings of Locke on property which follow in Dunn's wake see Olivecrona, Karl, “Appropriation in the State of Nature: Locke on the Origin of Property,” Journal of the History of Ideas, 35/2 (1974), 211–30;CrossRefGoogle Scholar Olivecrona, “Locke's Theory of Appropriation,” Philosophical Quarterly, 24/96 (1974), 220–34; Lemos, R. M., “Locke's Theory of Property,” Interpretation, 5/2 (1975), 226–44;Google Scholar Tuck, Richard, Natural Rights Theories: Their Origin and Development (Cambridge, 1979)CrossRefGoogle Scholar; Tully, James, A Discourse on Property: John Locke and His Adversaries (Cambridge, 1980);CrossRefGoogle Scholar Tully, An Approach to Political Philosophy: Locke in Contexts (Cambridge, 1993); Ryan, Alan, Property and Political Theory (Oxford, 1984)Google Scholar; Buckle, Stephen, Natural Law and the Theory of Property: Grotius to Hume (Oxford, 1991)Google Scholar; Waldron, Jeremy, The Right to Private Property (Oxford, 1988)Google Scholar.

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9 James Tully, “Rediscovering America: The Two Treatises and Aboriginal Rights,” in Tully, An Approach to Political Philosophy, 137–79; Armitage, David, “John Locke, Carolina, and the Two Treatises of Government,” Political Theory 32/5 (2004), 602–27CrossRefGoogle Scholar, recently reprinted in Armitage, Foundations of Modern International Thought (Cambridge, 2013), 90–114; Armitage, “John Locke: Theorist of Empire?” in Sankar Muthu, ed., Empire and Modern Political Thought (Cambridge, 2012), 84–111, also reprinted in Armitage, Foundations of Modern International Thought, 114–35. Henceforth references to both essays are to Foundations.

10 Locke, “Morality” (n.d.), Bod. MS Locke c. 28, fols. 139–40; later published in Sargentich, Thomas, “Locke and Ethical Theory: Two MS Pieces,” Locke Newsletter, 5 (1974), 2431;Google Scholar and again in Locke, Political Essays, ed. Mark Goldie (Cambridge, 1997), 267–69. Henceforth all references are to Goldie's collection.

11 TT II. 25–51.

12 Tully, “Rediscovering America,” 145.

13 Armitage, “John Locke, Carolina,” 105–10; Armitage, “John Locke: Theorist of Empire?”, 126–27. For the article of the Constitutions in question (§102) see Locke, Constitutions of Carolina, in Locke, Political Essays, 180.

14 The dating of the Two Treatises is contested. Peter Laslett's 1960 critical edition rubbished its reputation as post-Revolutionary apologetic by pinning its composition to 1679–81, for which see Laslett, “Introduction,” TT, 3–93. Laslett also claimed, however, that Locke wrote the Second Treatise before the First Treatise—an order reversed by Ashcraft, Richard, “Revolutionary Politics and Locke's Two Treatises of Government: Radicalism and Lockean Political Theory,” Political Theory, 8/4 (1980), 429–86.CrossRefGoogle Scholar There is now a consensus that Locke wrote the First Treatise in 1680, after buying a copy of Filmer's Patriarcha in January that year, for which see Milton's, John helpful article, “Dating Locke's Second Treatise,” History of Political Thought, 16/3 (1995), 356–63.Google Scholar Debates over the Second Treatise continue. David Wootton, in his edition of Locke, Political Writings (Harmondsworth, 1993), 54, dates it to 1681; Ashcraft, Richard, Locke's Two Treatises of Government (London, 1987), 286–97Google Scholar, to 1681–2; Marshall, John, John Locke: Resistance, Religion and Responsibility (Cambridge, 1994), 230–60CrossRefGoogle Scholar, to 1682; and Mark Goldie, in his edition of Locke, Two Treatises of Government (London, 1993), xxi, to 1681–3. Milton, “Dating Locke's Second Treatise,” 389, sets his boundaries between the winter of 1680 and the summer of 1682. In dating “Of Property” to the summer of 1682, Armitage follows Richard Tuck's rejection of Milton, the latter of whom argues that the chapter was composed in the early 1670s and inserted into the Second Treatise at an indeterminate point in writing or revision. See Milton, “Dating Locke's Second Treatise,” 374; Tuck, Richard, The Rights of War and Peace: Political Thought and the International Order from Grotius to Kant (Cambridge, 1999), 168 n.Google Scholar; Armitage, “John Locke, Carolina,” 109.

15 Armitage acknowledges, however, that although Locke's argument has “identifiably colonial origins,” it need not have “exclusively colonial applications,” for which see Armitage, “John Locke, Carolina,” 111.

16 Ibid., 95, 112; see also Mehta, Uday Singh, Liberalism and Empire: A Study in Eighteenth-Century British Liberal Thought (Chicago, 1999), 4.Google Scholar

17 This pared down definition of sacred history is particularly relevant for this case, and comes from Pocock, J. G. A., “Classical and Civil History: The Transformation of Humanism,” Cromohs, 1 (1996), 134Google Scholar, at 22.

18 For an erudite overview see Levitin, Dmitri, “From Sacred History to the History of Religion: Paganism, Judaism, and Christianity in European Historiography from Reformation to ‘Enlightenment,’” Historical Journal, 55/4 (2012), 1117–60;CrossRefGoogle Scholar see also Levitin, Ancient Wisdom in the Age of the New Science: Histories of Philosophy in England, c.1640–1700 (Cambridge, 2015); more generally see Katherine Van Liere, Simon Ditchfield and Howard Louthan, eds., Sacred History: Uses of the Christian Past in the Renaissance World (Oxford, 2012).

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20 Brett, Changes of State, chap. 8, “Re-placing the State,” 195–224; for a typically pathbreaking article along similar lines see Pocock, J. G. A., “Time, History and Eschatology in the Thought of Thomas Hobbes,” in Pocock, Politics, Language and Time (London, 1971), 148201.Google Scholar

21 The question of human sociability had preoccupied natural lawyers since the later Middle Ages, but became increasingly central to thinking about politics in the wake of Thomas Hobbes. For an up-to-date overview of how it came to underpin many of the (apparently) diffuse strands of eighteenth-century political, philosophical, economic and historical thought see Piirimäe, Eva and Schmidt, Alexander, “Between Morality and Anthropology: Sociability in Enlightenment Thought,” History of European Ideas, 41/5 (2015), 571–88;CrossRefGoogle Scholar for attempts to plot the importance of the concept of sociability from the mid-seventeenth century onwards see Hont, Istvan, “The Language of Sociability and Commerce: Samuel Pufendorf and the Theoretical Foundations of the ‘Four-Stages’ Theory,” in Pagden, A., ed., Languages of Political Theory in Early Modern Europe (Cambridge, 1986), 253–76Google Scholar, later reprinted in Hont, Jealousy of Trade: International Competition and the Nation-State in Historical Perspective (Cambridge, MA, 2005), 159–85; Moore, James and Silverthorne, Michael, “Natural Sociability and Natural Rights in the Moral Philosophy of Gershom Carmichael,” in Hope, V., ed., Philosophers of the Scottish Enlightenment (Edinburgh, 1984), 112;Google Scholar Hundert, E. J., The Enlightenment's Fable: Bernard Mandeville and the Discovery of Society (Cambridge, 1994)CrossRefGoogle Scholar; Force, Pierre, Self-Interest before Adam Smith (Cambridge, 2003)CrossRefGoogle Scholar; Robertson, John, The Case for the Enlightenment: Scotland and Naples 1680–1760 (Cambridge, 2005)CrossRefGoogle Scholar.

22 In around the middle of 1679, a collected octavo edition of Filmer's political works was published under the title The Freeholder's Grand Inquest (London, 1679). It contained the Observations concerning the Originall of Government, upon Mr Hobs Leviathan, Mr Milton against Salmasius, H. Grotius De Jure Belli, which had first been published in 1652. In January 1680, this collected edition was printed again. So too, for the first time, was Patriarcha, or, the natural power of Kings (London, 1680). Locke then bought the collected edition with a copy of Patriarcha bound up inside, and referred to both Patriarcha and the Observations repeatedly throughout the Two Treatises. All references to Patriarcha below are to the version contained in Robert Filmer, Patriarcha and other Writings, ed. Johann Sommerville (Cambridge, 1991), 1–64. All references to Observations below are also to the version contained in the same Sommerville collection, 184–234. For commentary on Locke's own edition of Filmer see Laslett, “Introduction,” TT, 57; for further bibliographical information on Filmer see Laslett's introduction and notes to his edition of Patriarcha and other Political Works of Robert Filmer (Oxford, 1949); see also Schochet, Gordon, Patriarchalism in Political Thought (Oxford, 1975)Google Scholar; Daly, James, Sir Robert Filmer and English Political Thought (Toronto, 1979)CrossRefGoogle Scholar; Sommerville, Johann, “From Suarez to Filmer: A Reappraisal,” Historical Journal, 25/3 (1982), 525–40;CrossRefGoogle Scholar Sommerville, Politics and Ideology in England, 1603–1640 (London, 1986); Cuttica, Cesare, Sir Robert Filmer (1588–1653) and the Patriotic Monarch: Patriarchalism in Seventeenth-Century Political Thought (Manchester, 2012).CrossRefGoogle Scholar

23 Pocock, J. G. A., The Ancient Constitution and the Feudal Law (Cambridge, 1957), 235Google Scholar.

24 Grotius, Hugo, The Rights of War and Peace, ed. Tuck, Richard, 3 vols. (Indianapolis, 2005)Google Scholar, 2: 2.2.2–3. Henceforth DJB, followed by volume, chapter, section, and paragraph number.

25 Armitage, “John Locke, Carolina,” 109.

26 Sargentich, “Locke and Ethical Theory,” 24; for “Ethica A” (1692) see Locke, Political Essays, 318–19.

27 “Morality is the rule of man's actions for the attaining happiness . . . Happiness and misery consist in pleasure and pain.” Locke, “Morality,” 267–8.

28 See Locke's journal entry for 16 July 1676, a fragment of which has been published under the editorial title “Pleasure, Pain, the Passions” in Locke, Political Essays, 237–45, at 241.

29 Kelly, Patrick, “‘All Things Richly to Enjoy’: Economics and Politics in Locke's Two Treatises of Government,” Political Studies, 36/2 (1988), 273–93CrossRefGoogle Scholar, at 281.

30 Locke, “Morality,” 268; this is the extent of the passage taken by Tully and Armitage to comprise Locke's early account of property.

31 Ibid., 268.

32 Ibid., 268–9.

33 Ibid., 269.

34 Ibid., 269.

35 The argument of Thomas Hobbes. See Hobbes, Thomas, On the Citizen [1642], ed. Tuck, Richard (Cambridge, 1998)Google Scholar; and Hobbes, Leviathan [1651], ed. Richard Tuck (Cambridge, 1991).

36 Nicole, Pierre, John Locke as Translator: Three of the Essais of Pierre Nicole, ed. Yolton, J. S. (Oxford, 2000)Google Scholar; on Locke's engagement with Nicole see Kelly, Duncan, “The Propriety of Liberty and the Quality of Responsible Agency,” in Miqueu, Christophe and Chamie, Mason, eds., Locke's Political Liberty: Readings and Misreadings (Oxford, 2009), 97127Google Scholar, at 99–110, later reprinted in Kelly, The Propriety of Liberty: Persons, Passions and Judgment in Modern Political Thought (Princeton, 2011), 20–58, at 24–40. For further commentary see von Leyden, Wolfgang, “Locke and Nicole,” Sophia, 16/1 (1948), 4154Google Scholar; Marshall, Religion, Resistance, and Responsibility, 131–7, 178–86; Harris, Ian, The Mind of John Locke (Cambridge, 1994), 282–4Google Scholar, 287–8.

37 See Locke's journal entry for 30 September 1676, printed in Lough, John, Locke's Travels in France, 1675–79 (Cambridge, 1953), 111Google Scholar.

38 See Locke's journal entry for 15 August 1676, published by Wolfgang von Leyden in his edition of Locke's Essays on the Law of Nature (Oxford, 1954; repr. 2002), 252–54.

39 See Yolton's editorial introduction to Nicole, John Locke as Translator: Three of the Essais, 11–12; see also von Leyden, Essays on the Law of Nature, 252–4.

40 Bod. MS Locke c. 28, fol. 42; the note was transcribed and published in von Leyden, Essays on the Law of Nature, 254–5; it is also reproduced by Yolton in Nicole, John Locke as Translator: Three of the Essais, 1.

41 Nicole, John Locke as Translator: Three of the Essais, 1.

42 Nevertheless, I will indicate below if Locke deviates markedly from Nicole's sense.

43 The former approach to natural law cannot be characterized more capaciously as Catholic (rather than specifically Jansenist) as Nicole pitted himself against the Jesuitical strain of natural law practised by Francisco Suárez and others. On the other (Protestant) side, Recknagel's recent book has underlined the difficulties encountered when trying to characterize a particular branch of natural law as Protestant: Grotius, he argues, lifted important elements of his thought wholesale from Suárez. See Recknagel, Dominik, Einheit des Denkens trotz konfessioneller Spaltung: Parallelen zwischen den Rechtslehren von Francisco Suárez und Hugo Grotius (Frankfurt am Main, 2010)Google Scholar; for commentary on the historical development of confessional divides in natural-jurisprudential enquiry see Brett, Changes of State, 66, 71 and passim.

44 James, E. D., Pierre Nicole: Jansenist and Humanist (The Hague, 1972), 118CrossRefGoogle Scholar.

45 Pierre Nicole, “Discourse of the Weaknesse of Man,” trans. John Locke, in Nicole, John Locke as Translator: Three of the Essais, 93; cf. Nicole, “Traité de la faiblesse de l'homme,” published in parallel to Locke's translation in Nicole, John Locke as Translator: Three of the Essais, 92, which renders Fallen man rather “comme un vaisseau sans voile [sail] & sans Pilote.” The edition used by Yolton is Nicole, Essais de Morale, Contenus en divers Traittez sur plusiers devoirs importans, vol. 1 (Paris, 1672); voile is also translated as “sail” in Nicole, Moral Essays, Contain'd in Several Treatises on Many Important Duties, trans. anon., vol. 1 (London, 1677), 43.

46 Nicole, “Discourse,” 65.

47 James, Pierre Nicole, 118.

48 Nicole, “Treatise concerning the way of preserving peace with men,” trans. John Locke, in Nicole, John Locke as Translator: Three of the Essais, 191; Locke here renders Nicole's société as plural. Nicole, “Traité des moyens de conserver la paix,” in Nicole, John Locke as Translator: Three of the Essais, 190; the contemporary translation is more accurate: “Men are link'd together by an infinite number of wants, obliging them out of necessity to live in Society.” Nicole, Moral Essays, 238–9.

49 Nicole, “Treatise,” 191.

50 Grounding social interaction in material needs was not a move original to Nicole: in Aristotle, households were bound to one another by the principle of mutual need (chreia or indigentia). The society this formed (koinonia), however, was non-political. See Aristotle, Politics, trans. Ernest Barker, rev. and ed. R. F. Stalley (Oxford, 1995), 1252b17; for commentary see Yack, Bernard, The Problems of a Political Animal: Community, Justice, and Conflict in Aristotelian Political Thought (Berkeley, 1993)Google Scholar; Meikle, Scott, “Aristotle and the Political Economy of the Polis,” Journal of Hellenic Studies, 99 (1979), 5773.CrossRefGoogle Scholar

51 Nicole, “Treatise,” 191.

52 Ibid., 191; Locke here renders témoignages as “marks,” rather than “tokens,” or—another possibility—“testimonies.” Nicole, “Traité des moyens de conserver la paix,” 190.

53 Nicole, “Treatise,” 191.

54 Ibid., 191.

55 Nicole, “Traité des moyens de conserver la paix,” 192; Nicole, “Treatise,” 193.

56 Nicole, “Treatise,” 247; “civilitys” is a rendering of les civilités. Nicole, “Traité des moyens de conserver la paix,” 246; the contemporary translation also renders les civilités as “civilities.” Nicole, Moral Essays, 285.

57 Nicole, “Treatise,” 247; “equall, & punctuall returns” is a rendering of “une égalité réciproque de devoirs.” Nicole, “Traité des moyens de conserver la paix,” 246. In neglecting to translate devoirs as “duties,” Locke was followed by Nicole's contemporary translator: civility “is a kind of commerce and traffick,” he wrote, “where self-love sits as Judge, and this Judge obliges us to a reciprocal equality of returns.” See Nicole, Moral Essays, 285; for commentary on Nicole's theory of sociability see Hont, Jealousy of Trade, 47–50; Wootton, David, “Introduction,” in Wootton, ed., Divine Right and Democracy: An Anthology of Political Writing in Stuart England (London, 1986), 21–91, at 74–5;Google Scholar Hollis, Martin, “Economic Man and Original Sin,” Political Studies, 29/2 (1981), 167–80;CrossRefGoogle Scholar Schneewind, J. B., The Invention of Autonomy: A History of Modern Moral Philosophy (Cambridge, 1998), 275–9;Google Scholar Force, Self-Interest, 71.

58 Locke, “Morality,” 269.

59 Ibid., 268; on the relation between civility and the civitas in Nicole see Hont, Jealousy of Trade, 48.

60 Dunn, The Political Thought of John Locke, 68; on Locke's engagement with Filmer more generally see Waldron, Jeremy, God, Locke, and Equality (Cambridge, 2002)CrossRefGoogle Scholar; Zuckert, Michael, Launching Liberalism: on Lockean Political Philosophy (Lawrence, KS, 2002), 129–47.Google Scholar

61 Filmer, Patriarcha, 14.

62 Filmer, Observations, 218.

63 Ibid., 218.

64 Ibid., 218.

65 In making this claim, Vitoria and De Soto drew in turn on the distinction between “permissive” and “prescriptive” (or “preceptive”) natural law, which had commonly been used to think about property since at least Aquinas. Going further back, it had roots in the distinction made by the twelfth-century Italian canon lawyer Rufinus between “command” and “demonstration.” For discussion of these (and other) distinctions in relation to thinking about property in Roman, canon, and natural law see Tierney, Brian, The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law, 1150–1625 (Atlanta, 1997), 131–70Google Scholar, 138–45; Tierney, “Kant on Property: The Problem of Permissive Law,” Journal of the History of Ideas, 62/2 (2001), 301–12; Tierney, “Permissive Natural Law and Property: Gratian to Kant,” Journal of the History of Ideas, 62/3 (2001), 381–99; Tierney, Liberty and Law: The Idea of Permissive Natural Law, 1100–1800 (Washington, DC, 2014); see also Anthony Parel, “Aquinas’ Theory of Property,” in Anthony Parel and Thomas Flanagan, eds., Theories of Property: Aristotle to the Present (Waterloo, 1979), 89–115.

66 On Vitoria and de Soto's formulation of the argument see Brett, Changes of State, 197.

67 Filmer, Observations, 210–11; in the section of Observations dedicated to Grotius, the jus gentium was the object of Filmer's first, and most extended, attack. See ibid., 208–17.

68 Ibid., 234.

69 Ibid.

70 Ibid.

71 Filmer's tract was published—about forty years after it was composed—to bolster the Tory case in the Exclusion Crisis. Locke and his friend James Tyrrell (both of whom were Whigs) immediately set about refuting it—the latter producing the full-length rebuttal Patriarcha non monarcha: The patriarch unmonarch'd: being observations on a late treatise and divers other miscellanies, published under the name of Sir Robert Filmer Baronet. In which the falseness of those opinions that would make monarchy jure divino are laid open: and the true principles of government and property (especially in our kingdom) asserted by a lover of truth and of his country. (London, 1681); for commentary on why Locke (and Tyrrell) thought it important to address Filmer see Peter Laslett's introduction to TT, 59, 61, 67, 68–71.

72 For biography see Döring, Detlef, Samuel Pufendorf in der Welt des 17. Jahrhunderts: Untersuchungen zur Biographie Pufendorfs und zu seinem Wirken als Politiker und Theologe (Frankfurt am Main, 2012)Google Scholar; Palladini, Fiametta and Hartung, Gerald, eds., Samuel Pufendorf und die europäische Frühaufklärung: Werk und Einfluss eines deutschen Bürgers der Gelehrtenrepublik nach 300 Jahren (1694–1994) (Berlin, 1994)Google Scholar.

73 See Locke's journal entry for 3 July 1678, printed in Lough, Locke's Travels in France, 203; see also Lough, “Locke's Reading during His Stay in France (1675–79),” The Library, 5/8 (1953), 229–58, at 250.

74 Journal entry for 9 June 1680, Bod. MS Locke f. 4, fols. 114–15; on 26 May 1681 Locke also bought a late edition of Pufendorf's Dissertationes academicæ selectiores (Uppsala, 1677), along with his Elementorum jurisprudentiæ universalis, vol. 2 (Cambridge, 1672). Bod. MS Locke f. 5, fol. 62.

75 DJB 2: 2.2.1.

76 Ibid.

77 Ibid.

78 Ibid., 2: 2.2.2.

79 Ibid., 2: 2.2.3.

80 Ibid., 2: 2.2.5.

81 Pufendorf, Samuel, The Law of Nature and Nations, trans. Basil Kennet, 5th edn (London, 1749)Google Scholar, IV.4.2. Henceforth DJN, followed by book, chapter, and section number. Here and henceforth (unless otherwise stated) original emphasis has been preserved.

82 Ibid., IV.4.5; for discussion of Pufendorf's “negative” community, see Hont, Istvan and Ignatieff, Michael, “Needs and Justice in the Wealth of Nations,” in Hont and Ignatieff, eds., Wealth and Virtue: The Shaping of Political Economy in the Scottish Enlightenment (Cambridge, 1983)CrossRefGoogle Scholar, 1–45, at 32–4, later reprinted in Hont, Jealousy of Trade, 389–443, at 426–8. Henceforth all references are to the version of the essay in Jealousy of Trade.

83 Pufendorf, Samuel, On the Duty of Man and Citizen According to Natural Law, ed. Tully, James (Cambridge, 1991)Google Scholar, I.12.2. Henceforth DOH, followed by book, chapter, and section number.

84 DJN IV.4.4.

85 DOH I.12.2.

86 Ibid.; for an expanded version of this story, see DJN IV.4.5–6.

87 DJN IV.4.6.

88 On the vexed issue of Pufendorf's attempted synthesis of the projects of Hobbes and Grotius see Hochstrasser, T. J., Natural Law Theories in the Early Enlightenment (Cambridge, 2000), 4071CrossRefGoogle Scholar, 79–106; Hont, “The Language of Sociability,” in Hont, Jealousy of Trade, 163–84; Hont and Ignatieff, “Needs and Justice,” 424–31; Palladini, Fiametta, “Pufendorf Disciple of Hobbes: The Nature of Man and the State of Nature: The Doctrine of Socialitas,” History of European Ideas, 34/1 (2008), 2660;CrossRefGoogle Scholar though it is beyond the scope of this article to intervene, there is a sharply distinguished debate on Grotius's theory of sociability. Tuck has long argued that it is thin enough to be labelled Epicurean, for which see Richard Tuck, Philosophy and Government, 1572–1651 (Cambridge, 1993), 190–201; and Tuck, Rights of War and Peace, 78–109, 89. Brooke has recently contested this reading, arguing that Grotius's concept of sociability is thicker, and closer to that of the Stoics, for which see Brooke, Christopher, “Grotius, Stoicism and Oikeiosis,” Grotiana, 29/1 (2008), 2550CrossRefGoogle Scholar, and recently reprinted as part of Brooke, Philosophical Pride: Stoicism and Political Thought from Lipsius to Rousseau (Princeton, 2012), 37–59; Brett leans toward the Stoic reading, for which see Changes of State, 70–71, 199.

89 On this point, see Hont, “The Language of Sociability,” 173; Hochstrasser, Natural Law Theories, 98; Tully, Discourse on Property, 98.

90 Hont, “The Language of Sociability,” 178–80; Hochstrasser, Natural Law Theories, 98–103.

91 On the development of Hobbes's distinctive view of the temporality of human agents see Edwards, Michael, Time and the Science of the Soul in Early Modern Philosophy (Leiden, 2013), 1112CrossRefGoogle Scholar, 163–206, 182; see also Pocock, “Time, History and Eschatology,” 148–201; more generally see Porro, Pasquale, ed., The Medieval Concept of Time: The Scholastic Debate and Its Reception in Early Modern Philosophy (Leiden, 2001)Google Scholar.

92 On the social problems caused by the temporality of human agency in Hobbes’ state of nature see Edwards, Time and the Science of the Soul, 204.

93 TT I.16. The importance of the Old Testament to Locke's thought has only recently begun to emerge. For a preliminary investigation see Oz-Salzberger, Fania, “The Political Thought of John Locke and the Significance of Political Hebraism,” Hebraic Political Studies, 1/5 (2006), 568–92;Google Scholar more recently, two articles in the same vein have narrowed their focus to Locke's use of the Book of Judges, for which see Rehfeld, Andrew, “Jephthah, the Hebrew Bible, and John Locke's ‘Second Treatise of Government’,” Hebraic Political Studies, 3/1 (2008), 6093;Google Scholar Moyn, Samuel, “Appealing to Heaven: Jephthah, John Locke, and Just War,” Hebraic Political Studies, 4/3 (2009), 286303Google Scholar.

94 TT I.24.

95 Ibid., I.40.

96 Ibid., I.24.

97 Ibid., I.24–7.

98 Ibid., I.39.

99 Ibid.

100 Ibid.

101 Filmer, Observations, 217–18.

102 TT I.39.

103 Ibid.

104 Ibid.

105 Ibid.

106 Ibid. By denying that the world was given exclusively to Adam and that the Fall could of itself reveal the conditions of God's grant of the world to man, Locke implied that Adam could not be held to represent mankind. This is consonant with the scepticism he later ladled onto the doctrine of original sin. The Fall, he wrote in 1695, had made men mortal; but God could not be supposed, “as a Punishment of one sin wherewith he is displeased, to [have] put man under the necessity of sinning continually.” Though “all die in Adam,” he concluded, “none are truly punished but for their own deeds.” John Locke, The Reasonableness of Christianity, ed. John Higgins-Biddle (Oxford, 1999), 8, 10. This claim left Locke unable to render Christ's death as a ransom paid to God as a satisfaction of sin. Having thereby failed to affirm the full divinity of Christ, he left himself open to the charge of Socinianism. On Locke's later view of the Fall see Stanton, Tim, “Locke and the Politics and Theology of Toleration,” Political Studies, 54/1 (2006), 84102CrossRefGoogle Scholar, at 97–8.

107 TT I.40–43. They have been taken us such, most significantly, by Harris, The Mind of John Locke, 214–30. There is a well-worn debate over whether Locke's original community should be designated “positive” or “negative.” For the former, and in addition to Harris, see Tully, A Discourse on Property, 125–30; Arneil, Barbara, John Locke and America: The Defence of English Colonialism (Oxford, 1996), 135;CrossRefGoogle Scholar for the latter see Dunn, The Political Thought of John Locke, 67; Hont and Ignatieff, “Needs and Justice,” 432.

108 TT I.41. This quotation is the central item of Harris's reading of Locke on original community. Harris, The Mind of John Locke, 215.

109 TT I.42.

110 Ibid.; see also I.23, II.26, 32, 34, 35; for commentary on these passages see Harris, The Mind of John Locke, 214–15; Waldron, God, Locke, and Equality, 160, 169.

111 For Harris, The Mind of John Locke, 215, the presence of the directive in both Genesis 1:28 and 9:2 shows that, for Locke, God gave “people a right to the means of self-preservation,” and by doing so, had “given the earth to all mankind.”

112 TT I.43.

113 Ibid.

114 Ibid.

115 DJB 2: 2.2.3.

116 Ibid., 2: 2.2.4.

117 DJN IV.4.9.

118 Brett, Changes of State, 199; cf. James Tully, whose discussion of the passage neglects to mention either distance or space. See Tully, Discourse on Property, 81.

119 Brett, Changes of State, 199.

120 Ibid., 199–200.

121 Ibid., 200.

122 TT I.37.

123 Ibid., II.4.

124 Ibid., II.6.

125 TT II.31; for Pufendorf's rejection of natural abundance, see DJN IV.4.6.

126 TT II.27.

127 Ibid., II.31; on the spoliation proviso, see Hont and Ignatieff, “Needs and Justice,” 432.

128 DJB 2: 2.2.2.

129 DOH I.12.2; see also DOH II.5.2.

130 TT II.32.

131 Ibid., II.33.

132 Ibid., II.34.

133 Ibid., II.36; compare “straitned” here with the “straightening” of property at TT I.37.

134 Ibid., II.38.

135 Ibid.

136 Ibid.

137 Ibid., II.36.

138 Ibid., II.51.

139 Ibid., II.48; for a tight depiction of Locke's analysis of money see Hont and Ignatieff, “Needs and Justice,” 432–3; for a looser one see Tully, Discourse, 144–50; see also, exhaustively, Kelly, Patrick, ed., John Locke on Money, 2 vols. (Oxford: Clarendon, 1991)Google Scholar.

140 For Locke's discussion of juridical equality see TT II.54.

141 Ibid., II.50.

142 Ibid., II.45.

143 Ibid.

144 Pitts, Jennifer, A Turn to Empire: The Rise of Imperial Liberalism in Britain and France (Princeton, 2005), 4;CrossRefGoogle Scholar Mantena, Karuna, Alibis of Empire: Henry Maine and the Ends of Liberal Imperialism (Princeton, 2010), 2Google Scholar; Kelly, Duncan, ed., Lineages of Empire: The Historical Roots of British Imperial Thought, Proceedings of the British Academy, 155 (Oxford, 2009)CrossRefGoogle Scholar; Bell, Duncan, Reordering the World: Essays on Liberalism and Empire (Princeton, 2016)CrossRefGoogle Scholar.

145 Tully, “Rediscovering America,” 137–79; Ivison, Duncan, “Locke, Liberalism, and Empire,” in Anstey, Peter, ed., The Philosophy of John Locke: New Perspectives (London, 2003), 86106;Google Scholar Arneil, John Locke and America, 201–10; Lebovics, Herman, “The Uses of America in Locke's Second Treatise of Government,” Journal of the History of Ideas, 47/4 (1986), 567–82CrossRefGoogle Scholar.

146 Armitage, “John Locke, Carolina,” in Armitage, Foundations of Modern International Thought, 90–114.

147 Armitage, “John Locke, Carolina.”

148 Grafton, Anthony, What Was History? The Art of History in Early Modern Europe (Cambridge, 2007)Google Scholar; the innovations of Göttingen and Edinburgh were as yet some way off. See Reill, Peter, German Enlightenment and the Rise of Historicism (Berkeley, 1975)Google Scholar; Pocock, J. G. A., Barbarism and Religion, vol. 2, Narratives of Civil Government (Cambridge, 1999)CrossRefGoogle Scholar.