second treatise of government-第17章
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t be supposed; till we can think; that rational creatures should desire and constitute societies only to be dissolved: for where the majority cannot conclude the rest; there they cannot act as one body; and consequently will be immediately dissolved again。 Sec。 99。 Whosoever therefore out of a state of nature unite into a community; must be understood to give up all the power; necessary to the ends for which they unite into society; to the majority of the community; unless they expresly agreed in any number greater than the majority。 And this is done by barely agreeing to unite into one political society; which is all the compact that is; or needs be; between the individuals; that enter into; or make up a commonwealth。 And thus that; which begins and actually constitutes any political society; is nothing but the consent of any number of freemen capable of a majority to unite and incorporate into such a society。 And this is that; and that only; which did; or could give beginning to any lawful government in the world。 Sec。 100。 To this I find two objections made。 First; That there are no instances to be found in story; of a company of men independent; and equal one amongst another; that met together; and in this way began and set up a government。 Secondly; It is impossible of right; that men should do so; because all men being born under government; they are to submit to that; and are not at liberty to begin a new one。 Sec。 101。 To the first there is this to answer; That it is not at all to be wondered; that history gives us but a very little account of men; that lived together in the state of nature。 The inconveniences of that condition; and the love and want of society; no sooner brought any number of them together; but they presently united and incorporated; if they designed to continue together。 And if we may not suppose men ever to have been in the state of nature; because we hear not much of them in such a state; we may as well suppose the armies of Salmanasser or Xerxes were never children; because we hear little of them; till they were men; and imbodied in armies。 Government is every where antecedent to records; and letters seldom come in amongst a people till a long continuation of civil society has; by other more necessary arts; provided for their safety; ease; and plenty: and then they begin to look after the history of their founders; and search into their original; when they have outlived the memory of it: for it is with commonwealths as with particular persons; they are commonly ignorant of their own births and infancies: and if they know any thing of their original; they are beholden for it; to the accidental records that others have kept of it。 And those that we have; of the beginning of any polities in the world; excepting that of the Jews; where God himself immediately interposed; and which favours not at all paternal dominion; are all either plain instances of such a beginning as I have mentioned; or at least have manifest footsteps of it。
Sec。 102。 He must shew a strange inclination to deny evident matter of fact; when it agrees not with his hypothesis; who will not allow; that shew a strange inclination to deny evident matter of fact; when it agrees not with his hypothesis; who will not allow; that the beginning of Rome and Venice were by the uniting together of several men free and independent one of another; amongst whom there was no natural superiority or subjection。 And if Josephus Acosta's word may be taken; he tells us; that in many parts of America there was no government at all。 There are great and apparent conjectures; says he; that these men; speaking of those of Peru; for a long time had neither kings nor commonwealths; but lived in troops; as they do this day in Florida; the Cheriquanas; those of Brazil; and many other nations; which have no certain kings; but as occasion is offered; in peace or war; they choose their captains as they please; 1。 i。 c。 25。 If it be said; that every man there was born subject to his father; or the head of his family; that the subjection due from a child to a father took not away his freedom of uniting into what political society he thought fit; has been already proved。 But be that as it will; these men; it is evident; were actually free; and whatever superiority some politicians now would place in any of them; they themselves claimed it not; but by consent were all equal; till by the same consent they set rulers over themselves。 So that their politic societies all began from a voluntary union; and the mutual agreement of men freely acting in the choice of their governors; and forms of government。 Sec。 103。 And I hope those who went away from Sparta with Palantus; mentioned by Justin; 1。 iii。 c。 4。 will be allowed to have been freemen independent one of another; and to have set up a government over themselves; by their own consent。 Thus I have given several examples; out of history; of people free and in the state of nature; that being met together incorporated and began a commonwealth。 And if the want of such instances be an argument to prove that government were not; nor could not be so begun; I suppose the contenders for paternal empire were better let it alone; than urge it against natural liberty: for if they can give so many instances; out of history; of governments begun upon paternal right; I think (though at best an argument from what has been; to what should of right be; has no great force) one might; without any great danger; yield them the cause。 But if I might advise them in the case; they would do well not to search too much into the original of governments; as they have begun de facto; lest they should find; at the foundation of most of them; something very little favourable to the design they promote; and such a power as they contend for。 Sec。 104。 But to conclude; reason being plain on our side; that men are naturally free; and the examples of history shewing; that the governments of the world; that were begun in peace; had their beginning laid on that foundation; and were made by the consent of the people; there can be little room for doubt; either where the right is; or what has been the opinion; or practice of mankind; about the first erecting of governments。 Sec。 105。 I will not deny; that if we look back as far as history will direct us; towards the original of commonwealths; we shall generally find them under the government and administration of one man。 And I am also apt to believe; that where a family was numerous enough to subsist by itself; and continued entire together; without mixing with others; as it often happens; where there is much land; and few people; the government commonly began in the father: for the father having; by the law of nature; the same power with every man else to punish; as he thought fit; any offences against that law; might thereby punish his transgressing children; even when they were men; and out of their pupilage; and they were very likely to submit to his punishment; and all join with him against the offender; in their turns; giving him thereby
power to execute his sentence against any transgression; and so in effect make him the law…maker; and governor over all that remained in conjunction with his family。 He was fittest to be trusted; paternal affection secured their property and interest under his care; and the custom of obeying him; in their childhood; made it easier to submit to him; rather than to any other。 If therefore they must have one to rule them; as government is hardly to be avoided amongst men that live together; who so likely to be the man as he that was their common father; unless negligence; cruelty; or any other defect of mind or body made him unfit for it? But when either the father died; and left his next heir; for want of age; wisdom; courage; or any other qualities; less fit for rule; or where several families met; and consented to continue together; there; it is not to be doubted; but they used their natural freedom; to set up him; whom they judged the ablest; and most likely; t