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second treatise of government-及16嫗

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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

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