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second treatise of government-及19嫗

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  government�察�is the preservation of their property。  To which in  the state of nature there are many things wanting。         First�察�There wants an established�察�settled�察�known law�察 �received and allowed by common consent to be the standard of  right and wrong�察�and the common measure to decide all  controversies between them�此�for though the law of nature be plain  and intelligible to all rational creatures�察�yet men being biassed  by their interest�察�as well as ignorant for want of study of it�察 �are not apt to allow of it as a law binding to them in the  application of it to their particular cases。      Sec。 125。  Secondly�察�In the state of nature there wants a  known and indifferent judge�察�with authority to determine all  differences according to the established law�此�for every one in  that state being both judge and executioner of the law of nature�察 �men being partial to themselves�察�passion and revenge is very apt  to carry them too far�察�and with too much heat�察�in their own  cases�察�as well as negligence�察�and unconcernedness�察�to make them  too remiss in other men's。

     Sec。 126。  Thirdly�察�In the state of nature there often wants  power to back and support the sentence when right�察�and to give it  due execution�察�They who by any injustice offended�察�will seldom  fail�察�where they are able�察�by force to make good their injustice�察 �such resistance many times makes the punishment dangerous�察�and  frequently destructive�察�to those who attempt it。      Sec。 127。  Thus mankind�察�notwithstanding all the privileges  of the state of nature�察�being but in an ill condition�察�while they  remain in it�察�are quickly driven into society。  Hence it comes to  pass�察�that we seldom find any number of men live any time  together in this state。   The inconveniencies that they are  therein exposed to�察�by the irregular and uncertain exercise of  the power every man has of punishing the transgressions of  others�察�make them take sanctuary under the established laws of  government�察�and therein seek the preservation of their property。   It is this makes them so willingly give up every one his single  power of punishing�察�to be exercised by such alone�察�as shall be  appointed to it amongst them�察�and by such rules as the community�察 �or those authorized by them to that purpose�察�shall agree on。  And  in this we have the original right and rise of both the  legislative and executive power�察�as well as of the governments  and societies themselves。      Sec。 128。  For in the state of nature�察�to omit the liberty  he has of innocent delights�察�a man has two powers。      The first is to do whatsoever he thinks fit for the  preservation of himself�察�and others within the permission of the  law of nature�此�by which law�察�common to them all�察�he and all the  rest of mankind are one community�察�make up one society�察�distinct  from all other creatures。  And were it not for the corruption and  vitiousness of degenerate men�察�there would be no need of any  other�察�no necessity that men should separate from this great and  natural community�察�and by positive agreements combine into  smaller and divided associations。      The other power a man has in the state of nature�察�is the  power to punish the crimes committed against that law。  Both  these he gives up�察�when he joins in a private�察�if I may so call  it�察�or particular politic society�察�and incorporates into any  common´wealth�察�separate from the rest of mankind。      Sec。 129。  The first power�察�viz。  of doing whatsoever he  thought for the preservation of himself�察�and the rest of mankind�察 �he gives up to be regulated by laws made by the society�察�so far  forth as the preservation of himself�察�and the rest of that  society shall require�察�which laws of the society in many things  confine the liberty he had by the law of nature。      Sec。 130。  Secondly�察�The power of punishing he wholly gives  up�察�and engages his natural force�察。�which he might before employ  in the execution of the law of nature�察�by his own single  authority�察�as he thought fit�� to assist the executive power of  the society�察�as the law thereof shall require�此�for being now in a  new state�察�wherein he is to enjoy many conveniencies�察�from the  labour�察�assistance�察�and society of others in the same community�察 �as well as protection from its whole strength�察�he is to part also  with as much of his natural liberty�察�in providing for himself�察�as  the good�察�prosperity�察�and safety of the society shall require�察 �which is not only necessary�察�but just�察�since the other members of  the society do the like。      Sec。 131。  But though men�察�when they enter into society�察 �give up the equality�察�liberty�察�and executive power they had in  the state of nature�察�into the hands of the society�察�to be so far  disposed of by the legislative�察�as the good of the society shall  require�察�yet it being only with an intention in every one the  better to preserve himself�察�his liberty and property�察。�for no  rational creature can be supposed to change his condition with an  intention to be worse�� the power of the society�察�or legislative  constituted by them�察�can never be supposed to extend farther�察 �than the common good�察�but is obliged to secure every one's 

property�察�by providing against those three defects above  mentioned�察�that made the state of nature so unsafe and uneasy。   And so whoever has the legislative or supreme power of any  common´wealth�察�is bound to govern by established standing laws�察 �promulgated and known to the people�察�and not by extemporary  decrees�察�by indifferent and upright judges�察�who are to decide  controversies by those laws�察�and to employ the force of the  community at home�察�only in the execution of such laws�察�or abroad  to prevent or redress foreign injuries�察�and secure the community  from inroads and invasion。  And all this to be directed to no  other end�察�but the peace�察�safety�察�and public good of the people。

   

                         CHAP。  X。

             Of the Forms of a Common´wealth。

    Sec。 132。  THE majority having�察�as has been shewed�察�upon  men's first uniting into society�察�the whole power of the  community naturally in them�察�may employ all that power in making  laws for the community from time to time�察�and executing those  laws by officers of their own appointing�察�and then the form of  the government is a perfect democracy�此�or else may put the power  of making laws into the hands of a few select men�察�and their  heirs or successors�察�and then it is an oligarchy�此�or else into  the hands of one man�察�and then it is a monarchy�此�if to him and  his heirs�察�it is an hereditary monarchy�此�if to him only for life�察 �but upon his death the power only of nominating a successor to  return to them�察�an elective monarchy。  And so accordingly of  these the community may make compounded and mixed forms of  government�察�as they think good。  And if the legislative power be  at first given by the majority to one or more persons only for  their lives�察�or any limited time�察�and then the supreme power to  revert to them again�察�when it is so reverted�察�the community may  dispose of it again anew into what hands they please�察�and so  constitute a new form of government�此�for the form of government  depending upon the placing the supreme power�察�which is the  legislative�察�it being impossible to conceive that an inferior  power should prescribe to a superior�察�or any but the supreme make  laws�察�according as the power of making laws is placed�察�such is  the form of the common´wealth。      Sec。 133。  By common´wealth�察�I must be understood all along  to mean�察�not a democracy�察�or any form of government�察�but any  independent community�察�which the Latines signified by the word  civitas�察�to which the word which best answers in our language�察�is  common´wealth�察�and most properly expresses such a society of men�察 �which community or city in English does not�察�for there may be  subordinate communities in a government�察�and city amongst us has  a quite different notion from common´wealth�此�and therefore�察�to  avoid ambiguity�察�I crave leave to use the word common´wealth in  that sense�察�in which I find it used by king James the first�察�and  I take it to be its genuine signification�察�which if any body  dislike�察�I consent with him to change it for a better。



                        CHAP。  XI。

         Of the Extent of the Legislative Power。

     Sec。 134。  THE great end of men's entering into society�察 �being the enjoyment of their properties in peace and safety�察�and  the great instrument and means of that being the laws established  in that society�察�the first and fundamental positive law of all  commonwealths is the establishing of the legislative power�察�as 

the first and fundamental natural law�察�which is to govern even  the legislative itself�察�is the preservation of the society�察�and  ��as far as will consist with the public good�� of every person in  it。  This legislative is not only the supreme power of the  common´wealth�察�but sacred and unalterable in the hands where the  community have once placed it�察�nor can any edict of any body  else�察�in what form soever conceived�察�or by what power soever  backed�察�have the force and obligation of a law�察�which has not its  sanction from that legislative which the public has chosen and  appointed�此�for without this the law could not have that�察�which is  absolutely necessary to its being a la
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