essions of others, make them take sanctuary under the established
laws of government, and therein seek the preservation of their property.
It is this makes them so willingly give up every one his single power of
punishing, to be exercised by such alone, as shall be appointed to it
amongst them; and by such rules as the community, or those authorized by
them to that purpose, shall agree on. And in this we have the original
right and rise of both the legislative and executive power, as well as
of the governments and societies themselves.
Sect. 128. For in the state of nature, to omit the liberty he has of
innocent delights, a man has two powers.
The first is to do whatsoever he thinks fit for the preservation of
himself, and others within the permission of the law of nature: by which
law, common to them all, he and all the rest of mankind are one
community, make up one society, distinct from all other creatures. And
were it not for the corruption and vitiousness of degenerate men, there
would be no need of any other; no necessity that men should separate
from this great and natural community, and by positive agreements
combine into smaller and divided associations.
The other power a man has in the state of nature, is the power to punish
the crimes committed against that law. Both these he gives up, when he
joins in a private, if I may so call it, or particular politic society,
and incorporates into any common-wealth, separate from the rest of
mankind.
Sect. 129. The first power, viz. of doing whatsoever he thought for the
preservation of himself, and the rest of mankind, he gives up to be
regulated by laws made by the society, so far forth as the preservation
of himself, and the rest of that society shall require; which laws of
the society in many things confine the liberty he had by the law of
nature.
Sect. 130. Secondly, The power of punishing he wholly gives up, and
engages his natural force, (which he might before employ in the
execution of the law of nature, by his own single authority, as he
thought fit) to assist the executive power of the society, as the law
thereof shall require: for being now in a new state, wherein he is to
enjoy many conveniencies, from the labour, assistance, and society of
others in the same community, as well as protection from its whole
strength; he is to part also with as much of his natural liberty, in
providing for himself, as the good, prosperity, and safety of the
society s
|