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第16章

second treatise of government-第16章

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rne。  They are ready to tell you; that it deserves death  only to ask after safety。  Betwixt subject and subject; they will  grant; there must be measures; laws and judges; for their mutual  peace and security: but as for the ruler; he ought to be  absolute; and is above all such circumstances; because he has  power to do more hurt and wrong; it is right when he does it。  To  ask how you may be guarded from harm; or injury; on that side  where the strongest hand is to do it; is presently the voice of  faction and rebellion: as if when men quitting the state of  nature entered into society; they agreed that all of them but  one; should be under the restraint of laws; but that he should  still retain all the liberty of the state of nature; increased  with power; and made licentious by impunity。  This is to think;  that men are so foolish; that they take care to avoid what  mischiefs may be done them by pole…cats; or foxes; but are  content; nay; think it safety; to be devoured by lions。        Sec。 94。  But whatever flatterers may talk to amuse people's  understandings; it hinders not men from feeling; and when they  perceive; that any man; in what station soever; is out of the  bounds of the civil society which they are of; and that they have  no appeal on earth against any harm; they may receive from him;  they are apt to think themselves in the state of nature; in  respect of him whom they find to be so; and to take care; as soon  as they can; to have that safety and security in civil society;  for which it was first instituted; and for which only they  entered into it。  And therefore; though perhaps at first ; (as  shall be shewed more at large hereafter in the following part of  this discourse) some one good and excellent man having got a  pre …eminency amongst the rest; had this deference paid to his  goodness and virtue; as to a kind of natural authority; that the  chief rule; with arbitration of their differences; by a tacit  consent devolved into his hands; without any other caution; but  the assurance they had of his uprightness and wisdom; yet when  time; giving authority; and (as some men would persuade us)  sacredness of customs; which the negligent; and unforeseeing  innocence of the first ages began; had brought in successors of  another stamp; the people finding their properties not secure  under the government; as then it was; (whereas government has no  other end but the preservation of * property) could never be safe  nor at rest; nor think themselves in civil society; till the  legislature was placed in collective bodies of men; call them  senate; parliament; or what you please。  By which means every  single person became subject; equally with other the meanest men;  to those laws; which he himself; as part of the legislative; had  established; nor could any one; by his own authority; avoid the  force of the law; when once made; nor by any pretence of  superiority plead exemption; thereby to license his own; or the  miscarriages of any of his dependents。**  No man in civil society  can be exempted from the laws of it: for if any man may do what  he thinks fit; and there be no appeal on earth; for redress or  security against any harm he shall do; I ask; whether he be not  perfectly still in the state of nature; and so can be no part or  member of that civil society; unless any one will say; the state  of nature and civil society are one and the same thing; which I  have never yet found any one so great a patron of anarchy as to  affirm。  

     (*At the first; when some certain kind of regiment was once  appointed; it may be that nothing was then farther thought upon  for the manner of goveming; but all permitted unto their wisdom  and discretion; which were to rule; till by experience they found  this for all parts very inconvenient; so as the thing which they  had devised for a remedy; did indeed but increase the sore; which  it should have cured。  They saw; that to live by one man's will;  became the cause of all men's misery。  This constrained them to  come unto laws; wherein all men might see their duty beforehand;  and know the penalties of transgressing them。  Hooker's Eccl。  Pol。 l。 i。 sect。 10。)        (**Civil law being the act of the whole body politic; cloth  therefore over…rule each several part of the same body。  Hooker;  ibid。)  

 

                     CHAP。  VIII。

        Of the Beginning of Political Societies。

     Sec。 95。  MEN being; as has been said; by nature; all free;  equal; and independent; no one can be put out of this estate; and  subjected to the political power of another; without his own  consent。  The only way whereby any one divests himself of his  natural liberty; and puts on the bonds of civil society; is by  agreeing with other men to join and unite into a community for  their comfortable; safe; and peaceable living one amongst  another; in a secure enjoyment of their properties; and a greater  security against any; that are not of it。  This any number of men  may do; because it injures not the freedom of the rest; they are  left as they were in the liberty of the state of nature。  When  any number of men have so consented to make one community or  government; they are thereby presently incorporated; and make one  body politic; wherein the majority have a right to act and  conclude the rest。      Sec。 96。  For when any number of men have; by the consent of  every individual; made a community; they have thereby made that  community one body; with a power to act as one body; which is  only by the will and determination of the majority: for that  which acts any community; being only the consent of the  individuals of it; and it being necessary to that which is one  body to move one way; it is necessary the body should move that  way whither the greater force carries it; which is the consent of  the majority: or else it is impossible it should act or continue  one body; one community; which the consent of every individual  that united into it; agreed that it should; and so every one is  bound by that consent to be concluded by the majority。  And  therefore we see; that in assemblies; impowered to act by  positive laws; where no number is set by that positive law which  impowers them; the act of the majority passes for the act of the  whole; and of course determines; as having; by the law of nature  and reason; the power of the whole。        Sec。 97。  And thus every man; by consenting with others to  make one body politic under one government; puts himself under an  obligation; to every one of that society; to submit to the  determination of the majority; and to be concluded by it; or else  this original compact; whereby he with others incorporates into  one society; would signify nothing; and be no compact; if he be  left free; and under no other ties than he was in before in the  state of nature。  For what appearance would there be of any  compact? what new engagement if he were no farther tied by any  decrees of the society; than he himself thought fit; and did  actually consent to?  This would be still as great a liberty; as  he himself had before his compact; or any one else in the state  of nature hath; who may submit himself; and consent to any acts 

of it if he thinks fit。        Sec。 98。  For if the consent of the majority shall not; in  reason; be received as the act of the whole; and conclude every  individual; nothing but the consent of every individual can make  any thing to be the act of the whole: but such a consent is next  to impossible ever to be had; if we consider the infirmities of  health; and avocations of business; which in a number; though  much less than that of a common…wealth; will necessarily keep  many away from the public assembly。  To which if we add the  variety of opinions; and contrariety of interests; which  unavoidably happen in all collections of men; the coming into  society upon such terms would be only like Cato's coming into the  theatre; only to go out again。  Such a constitution as this would  make the mighty Leviathan of a shorter duration; than the  feeblest creatures; and not let it outlast the day it was bom in:  which cannot be supposed; till we can think; that rational  creatures should desire and constitute societies on

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