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第17章

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

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