t
obvious and simple, but also best suited to their present state and
condition; which stood more in need of defence against foreign invasions
and injuries, than of multiplicity of laws. The equality of a simple
poor way of living, confining their desires within the narrow bounds of
each man's small property, made few controversies, and so no need of
many laws to decide them, or variety of officers to superintend the
process, or look after the execution of justice, where there were but
few trespasses, and few offenders. Since then those, who like one
another so well as to join into society, cannot but be supposed to have
some acquaintance and friendship together, and some trust one in
another; they could not but have greater apprehensions of others, than
of one another: and therefore their first care and thought cannot but be
supposed to be, how to secure themselves against foreign force. It was
natural for them to put themselves under a frame of government which
might best serve to that end, and chuse the wisest and bravest man to
conduct them in their wars, and lead them out against their enemies, and
in this chiefly be their ruler.

Sect. 108. Thus we see, that the kings of the Indians in America, which
is still a pattern of the first ages in Asia and Europe, whilst the
inhabitants were too few for the country, and want of people and money
gave men no temptation to enlarge their possessions of land, or contest
for wider extent of ground, are little more than generals of their
armies; and though they command absolutely in war, yet at home and in
time of peace they exercise very little dominion, and have but a very
moderate sovereignty, the resolutions of peace and war being ordinarily
either in the people, or in a council. Tho' the war itself, which admits
not of plurality of governors, naturally devolves the command into the
king's sole authority.

Sect. 109. And thus in Israel itself, the chief business of their
judges, and first kings, seems to have been to be captains in war, and
leaders of their armies; which (besides what is signified by going out
and in before the people, which was, to march forth to war, and home
again in the heads of their forces) appears plainly in the story of
lephtha. The Ammonites making war upon Israel, the Gileadites in fear
send to lephtha, a bastard of their family whom they had cast off, and
article with him, if he will assist them against the Ammonites, to make
him their ruler; wh