second treatise of government-及16嫗
梓囚徒貧圭�鮗� ○ 賜 ★ 辛酔堀貧和鍬匈��梓囚徒貧議 Enter 囚辛指欺云慕朕村匈��梓囚徒貧圭�鮗� ● 辛指欺云匈競何��
!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
maller and divided associations。 The other power a man has in the state of nature�察�is the power to punish the crimes committed against that law。 Both these he gives up�察�when he joins in a private�察�if I may so call it�察�or particular politic society�察�and incorporates into any common´wealth�察�separate from the rest of mankind。 Sec。 129。 The first power�察�viz。 of doing whatsoever he thought for the preservation of himself�察�and the rest of mankind�察 �he gives up to be regulated by laws made by the society�察�so far forth as the preservation of himself�察�and the rest of that society shall require�察�which laws of the society in many things confine the liberty he had by the law of nature。 Sec。 130。 Secondly�察�The power of punishing he wholly gives up�察�and engages his natural force�察。�which he might before employ in the execution of the law of nature�察�by his own single authority�察�as he thought fit�� to assist the executive power of the society�察�as the law thereof shall require�此�for being now in a new state�察�wherein he is to enjoy many conveniencies�察�from the labour�察�assistance�察�and society of others in the same community�察 �as well as protection from its whole strength�察�he is to part also with as much of his natural liberty�察�in providing for himself�察�as the good�察�prosperity�察�and safety of the society shall require�察 �which is not only necessary�察�but just�察�since the other members of the society do the like。 Sec。 131。 But though men�察�when they enter into society�察 �give up the equality�察�liberty�察�and executive power they had in the state of nature�察�into the hands of the society�察�to be so far disposed of by the legislative�察�as the good of the society shall require�察�yet it being only with an intention in every one the better to preserve himself�察�his liberty and property�察。�for no rational creature can be supposed to change his condition with an intention to be worse�� the power of the society�察�or legislative constituted by them�察�can never be supposed to extend farther�察 �than the common good�察�but is obliged to secure every one's
property�察�by providing against those three defects above mentioned�察�that made the state of nature so unsafe and uneasy。 And so whoever has the legislative or supreme power of any common´wealth�察�is bound to govern by established standing laws�察 �promulgated and known to the people�察�and not by extemporary decrees�察�by indifferent and upright judges�察�who are to decide controversies by those laws�察�and to employ the force of the community at home�察�only in the execution of such laws�察�or abroad to prevent or redress foreign injuries�察�and secure the community from inroads and invasion。 And all this to be directed to no other end�察�but the peace�察�safety�察�and public good of the people。
CHAP。 X。
Of the Forms of a Common´wealth。
Sec。 132。 THE majority having�察�as has been shewed�察�upon men's first uniting into society�察�the whole power of the community naturally in them�察�may employ all that power in making laws for the community from time to time�察�and executing those laws by officers of their own appointing�察�and then the form of the government is a perfect democracy�此�or else may put the power of making laws into the hands of a few select men�察�and their heirs or successors�察�and then it is an oligarchy�此�or else into the hands of one man�察�and then it is a monarchy�此�if to him and his heirs�察�it is an hereditary monarchy�此�if to him only for life�察 �but upon his death the power only of nominating a successor to return to them�察�an elective monarchy。 And so accordingly of these the community may make compounded and mixed forms of government�察�as they think good。 And if the legislative power be at first given by the majority to one or more persons only for their lives�察�or any limited time�察�and then the supreme power to revert to them again�察�when it is so reverted�察�the community may dispose of it again anew into what hands they please�察�and so constitute a new form of government�此�for the form of government depending upon the placing the supreme power�察�which is the legislative�察�it being impossible to conceive that an inferior power should prescribe to a superior�察�or any but the supreme make laws�察�according as the power of making laws is placed�察�such is the form of the common´wealth。 Sec。 133。 By common´wealth�察�I must be understood all along to mean�察�not a democracy�察�or any form of government�察�but any independent community�察�which the Latines signified by the word civitas�察�to which the word which best answers in our language�察�is common´wealth�察�and most properly expresses such a society of men�察 �which community or city in English does not�察�for there may be subordinate communities in a government�察�and city amongst us has a quite different notion from common´wealth�此�and therefore�察�to avoid ambiguity�察�I crave leave to use the word common´wealth in that sense�察�in which I find it used by king James the first�察�and I take it to be its genuine signification�察�which if any body dislike�察�I consent with him to change it for a better。
CHAP。 XI。
Of the Extent of the Legislative Power。
Sec。 134。 THE great end of men's entering into society�察 �being the enjoyment of their properties in peace and safety�察�and the great instrument and means of that being the laws established in that society�察�the first and fundamental positive law of all commonwealths is the establishing of the legislative power�察�as
the first and fundamental natural law�察�which is to govern even the legislative itself�察�is the preservation of the society�察�and ��as far as will consist with the public good�� of every person in it。 This legislative is not only the supreme power of the common´wealth�察�but sacred and unalterable in the hands where the community have once placed it�察�nor can any edict of any body else�察�in what form soever conceived�察�or by what power soever backed�察�have the force and obligation of a law�察�which has not its sanction from that legislative which the public has chosen and appointed�此�for without this the law could not have that�察�which is absolutely necessary to its being a law�察�* the consent of the society�察�over whom no body can have a power to make laws�察�but by their own consent�察�and by authority received from them�察�and therefore all the obedience�察�which by the most solemn ties any one can be obliged to pay�察�ultimately terminates in this supreme power�察�and is directed by those laws which it enacts�此�nor can any oaths to any foreign power whatsoever�察�or any domestic subordinate power�察�discharge any member of the society from his obedience to the legislative�察�acting pursuant to their trust�察�nor oblige him to any obedience contrary to the laws so enacted�察�or farther than they do allow�察�it being ridiculous to imagine one can be tied ultimately to obey any power in the society�察�which is not the supreme。 ��*The lawful power of making laws to command whole politic societies of men�察�belonging so properly unto the same intire societies�察�that for any prince or potentate of what kind soever upon earth�察�to exercise the same of himself�察�and not by express commission immediately and personally received from God�察�or else by authority derived at the first from their consent�察�upon whose persons they impose laws�察�it is no better than mere tyranny。 Laws they are not therefore which public approbation hath not made so。 Hooker's Eccl。 Pol。 l。 i。 sect。 10。 Of this point therefore we are to note�察�that sith men naturally have no full and perfect power to command whole politic multitudes of men�察 �therefore utterly without our consent�察�we could in such sort be at no man's commandment living。 And to be commanded we do consent�察�when that society�察�whereof we be a part�察�hath at any time before consented�察�without revoking the same after by the like universal agreement。 Laws therefore human�察�of what kind so ever�察�are available by consent。 Ibid。�� Sec。 135。 Though the legislative�察�whether placed in one or more�察�whether it be always in being�察�or only by intervals�察�though it be the supreme power in every common´wealth�察�yet�察 �First�察�It is not�察�nor can possibly be absolutely arbitrary over the lives and fortunes of the people�此�for it being but the joint power of every member of the society given up to that person�察�or assembly�察�which is legislator�察�it can be no more than those persons had in a state of nature before they entered into society�察�and gave up to the community�此�for no body can transfer to another more power than he has in himself�察�and no body has an absolute arbitrary power over himself�察�or over any other�察�to destroy his own life�察�or take away the life or property of another。 A man�察�as has been proved�察�cannot subject himself to the arbitrary power of another�察�and having in the state of nature no arbitrary power over the life�察�liberty�察�or possession of another�察�but only so much as the law of nature gave him for the preservation of himself�察�and the rest of mankind�察�this is all he cloth�察�or can give up to the common´wealth�察�and by it to the legislative power�察�so that the legislative can have no more than this。 Their power�察�in the utmost bounds of it�察�is limited to the public good of the society。 It is a power�察�that hath no other end but preservation�察�and therefore can never* have a right to destroy�察�enslave�察�or designedly to impoverish the subjects。 The obligations of the law of nature cease not in society�察�but only in many cases are drawn closer�察�and have by human laws known
penalties annexed to them�察�to inforce their observation。 Thus the law of nature stands as an eternal rule to all men�察 �legislators as well as others。 The rules that they make for other men's actions�察�must�察�as well as their own and other men's actions�察�be conformable to the law of nature�察�i。e。 to the will of God�察�of which that is a declaration�察�and the fundamental law of nature being the preservation of mankind�察�no human sanction can be good�察�or valid against it。 ��*Two foundations there are which bear up public societies�察 �the one a natural inclination�察�whereby all men desire sociable life and fellowship�察�the other an order�察�expresly or secretly agreed upon�察�touching the manner of their union in living together�此�the latter is that which we call the law of a common´ weal�察�the very soul of a politic body�察�the parts whereof are by law animated�察�held together�察�and set on work in such actions as the common good requireth。 Laws politic�察�ordained for external order and regiment amongst men�察�are never framed as they should be�察�unless presuming the will of man to be inwardly obstinate�察 �rebellious�察�and averse from all obedience to the sacred laws of his nature�察�in a word�察�unless presuming man to be�察�in regard of his depraved mind�察�little better than a wild beast�察�they do accordingly provide�察�notwithstanding�察�so to frame his outward actions�察�that they be no hindrance unto the common good�察�for which societies are instituted。 Unless they do this�察�they are not perfect。 Hooker's Eccl。 Pol。 l。 i。 sect。 10。�� Sec。 136。 Secondly��* The legislative�察�or supreme authority�察 �cannot assume to its self a power to rule by extemporary arbitrary decrees�察�but is bou