second treatise of government-第2章
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es together in the same man； if he be considered under these different relations； it may help us to distinguish these powers one from wealth； a father of a family； and a captain of a galley。 Sect。 3。 POLITICAL POWER； then； I take to be a RIGHT of making laws with penalties of death； and consequently all less penalties； for the regulating and preserving of property； and of employing the force of the community； in the execution of such laws； and in the defence of the common…wealth from foreign injury； and all this only for the public good。
C H A P。 I I。
Of the State of Nature。
Sect。 4。 TO understand political power right； and derive it from its original； we must consider； what state all men are naturally in； and that is； a state of perfect freedom to order their actions； and dispose of their possessions and persons； as they think fit； within the bounds of the law of nature； without asking leave； or depending upon the will of any other man。 A state also of equality； wherein all the power and jurisdiction is reciprocal； no one having more than another； there being nothing more evident； than that creatures of the same species and rank； promiscuously born to all the same advantages of nature； and the use of the same faculties； should also be equal one amongst another without subordination or subjection； unless the lord and master of them all should； by any manifest declaration of his will； set one above another； and confer on him； by an evident and clear appointment； an undoubted right to dominion and sovereignty。 Sect。 5。 This equality of men by nature； the judicious Hooker looks upon as so evident in itself； and beyond all question； that he makes it the foundation of that obligation to mutual love amongst men； on which he builds the duties they owe one another； and from whence he derives the great maxims of justice and charity。 His words are； The like natural inducement hath brought men to know that it is no less their duty； to love others than themselves； for seeing those things which are equal； must needs all have one measure； if I cannot but wish to receive good； even as much at every man's hands； as any man can wish unto his own soul； how should I look to have any part of my desire herein satisfied； unless myself be careful to satisfy the like desire； which is undoubtedly in other men； being of one and the same nature？ To have any thing offered them repugnant to this desire； must needs in all respects grieve them as much as me； so that if I do harm； I must look to suffer； there being no reason that others should shew greater measure of love to me； than they have by me shewed unto them： my desire therefore to be loved of my equals in nature as much as possible may be； imposeth upon me a natural duty of bearing to them…ward fully the like affection； from which relation of equality between ourselves and them that are as ourselves； what several rules and canons natural reason hath drawn； for direction of life； no man is ignorant； Eccl。 Pol。 Lib。 1。 Sect。 6。 But though this be a state of liberty； yet it is not a state of licence： though man in that state have an uncontroulable liberty to dispose of his person or possessions； yet he has not liberty to destroy himself； or so much as any creature in his possession； but where some nobler use than its bare preservation calls for it。 The state of nature has a law of nature to govern it； which obliges every one： and reason； which is that law； teaches all mankind； who will but consult it； that being all equal and independent； no one ought to harm another in his life； health； liberty； or possessions： for men being all the workmanship of one omnipotent； and infinitely wise maker； all the servants of one sovereign master； sent into the world by his order； and about his business； they are his property； whose workmanship they are； made to last during his； not one another's pleasure： and being furnished with like faculties； sharing all in one community of nature； there cannot be supposed any such subordination among us； that may authorize us to destroy one another； as if we were made for one another's uses； as the inferior ranks of creatures are for our's。 Every one； as he is bound to preserve himself； and not to quit his station wilfully； so by the like reason； when his own preservation comes not in competition； ought he； as much as he can； to preserve the rest of mankind； and may not； unless it be to do justice on an offender； take away； or impair the life； or what tends to the preservation of the life； the liberty； health； limb； or goods of another。 Sect。 7。 And that all men may be restrained from invading others rights； and from doing hurt to one another； and the law of nature be observed； which willeth the peace and preservation of all mankind； the execution of the law of nature is； in that state； put into every man's hands； whereby every one has a right to punish the transgressors of that law to such a degree； as may hinder its violation： for the law of nature would； as all other laws that concern men in this world 'be in vain； if there were no body that in the state of nature had a power to execute that law； and thereby preserve the innocent and restrain offenders。 And if any one in the state of nature may punish another for any evil he has done； every one may do so： for in that state of perfect equality； where naturally there is no superiority or jurisdiction of one over another； what any may do in prosecution of that law； every one must needs have a right to do。 Sect。 8。 And thus； in the state of nature； one man comes by a power over another； but yet no absolute or arbitrary power； to use a criminal； when he has got him in his hands； according to the passionate heats； or boundless extravagancy of his own will； but only to retribute to him； so far as calm reason and conscience dictate； what is proportionate to his transgression； which is so much as may serve for reparation and restraint： for these two are the only reasons； why one man may lawfully do harm to another； which is that we call punishment。 In transgressing the law of nature； the offender declares himself to live by another rule than that of reason and common equity； which is that measure God has set to the actions of men； for their mutual security； and so he becomes dangerous to mankind； the tye； which is to secure them from injury and violence； being slighted and broken by him。 Which being a trespass against the whole species； and the peace and safety of it； provided for by the law of nature； every man upon this score； by the right he hath to preserve mankind in general； may restrain； or where it is necessary； destroy things noxious to them； and so may bring such evil on any one； who hath transgressed that law； as may make him repent the doing of it； and thereby deter him； and by his example others； from doing the like mischief。 And in the case； and upon this ground； EVERY MAN HATH A RIGHT TO PUNISH THE OFFENDER； AND BE EXECUTIONER OF THE LAW OF NATURE。 Sect。 9。 1 doubt not but this will seem a very strange doctrine to some men： but before they condemn it； I desire them to resolve me； by what right any prince or state can put to death； or punish an alien； for any crime he commits in their country。 It is certain their laws； by virtue of any sanction they receive from the promulgated will of the legislative； reach not a stranger： they speak not to him； nor； if they did； is he bound to hearken to them。 The legislative authority； by which they are in force over the subjects of that commonwealth； hath no power over him。 Those who have the supreme power of making laws in England； France or Holland； are to an Indian； but like the rest of the world； men without authority： and therefore； if by the law of nature every man hath not a power to punish offences against it； as he soberly judges the case to require； I see not how the magistrates of any community can punish an alien of another country； since； in reference
