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concerning civil government-第22章

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that commonwealth as long as it hath a being。 Whoever therefore;

from thenceforth; by inheritance; purchases permission; or otherwise

enjoys any part of the land so annexed to; and under the government of

that commonweal; must take it with the condition it is under… that is;

of submitting to the government of the commonwealth; under whose

jurisdiction it is; as far forth as any subject of it。

  121。 But since the government has a direct jurisdiction only over

the land and reaches the possessor of it (before he has actually

incorporated himself in the society) only as he dwells upon and enjoys

that; the obligation any one is under by virtue of such enjoyment to

submit to the government begins and ends with the enjoyment; so that

whenever the owner; who has given nothing but such a tacit consent

to the government will; by donation; sale or otherwise; quit the

said possession; he is at liberty to go and incorporate himself into

any other commonwealth; or agree with others to begin a new one in

vacuis locis; in any part of the world they can find free and

unpossessed; whereas he that has once; by actual agreement and any

express declaration; given his consent to be of any commonweal; is

perpetually and indispensably obliged to be; and remain unalterably

a subject to it; and can never be again in the liberty of the state of

Nature; unless by any calamity the government he was under comes to be

dissolved。

  122。 But submitting to the laws of any country; living quietly and

enjoying privileges and protection under them; makes not a man a

member of that society; it is only a local protection and homage due

to and from all those who; not being in a state of war; come within

the territories belonging to any government; to all parts whereof

the force of its law extends。 But this no more makes a man a member of

that society; a perpetual subject of that commonwealth; than it

would make a man a subject to another in whose family he found it

convenient to abide for some time; though; whilst he continued in

it; he were obliged to comply with the laws and submit to the

government he found there。 And thus we see that foreigners; by

living all their lives under another government; and enjoying the

privileges and protection of it; though they are bound; even in

conscience; to submit to its administration as far forth as any

denizen; yet do not thereby come to be subjects or members of that

commonwealth。 Nothing can make any man so but his actually entering

into it by positive engagement and express promise and compact。 This

is that which; I think; concerning the beginning of political

societies; and that consent which makes any one a member of any

commonwealth。

                              Chapter IX

           Of the Ends of Political Society and Government



  123。 IF man in the state of Nature be so free as has been said; if

he be absolute lord of his own person and possessions; equal to the

greatest and subject to nobody; why will he part with his freedom;

this empire; and subject himself to the dominion and control of any

other power? To which it is obvious to answer; that though in the

state of Nature he hath such a right; yet the enjoyment of it is

very uncertain and constantly exposed to the invasion of others; for

all being kings as much as he; every man his equal; and the greater

part no strict observers of equity and justice; the enjoyment of the

property he has in this state is very unsafe; very insecure。 This

makes him willing to quit this condition which; however free; is

full of fears and continual dangers; and it is not without reason that

he seeks out and is willing to join in society with others who are

already united; or have a mind to unite for the mutual preservation of

their lives; liberties and estates; which I call by the general

name… property。

  124。 The great and chief end; therefore; of men uniting into

commonwealths; and putting themselves under government; is the

preservation of their property; to which in the state of Nature

there are many things wanting。

  Firstly; there wants an established; settled; known law; received

and allowed by common consent to be the standard of right and wrong;

and the common measure to decide all controversies between them。 For

though the law of Nature be plain and intelligible to all rational

creatures; yet men; being biased by their interest; as well as

ignorant for want of study of it; are not apt to allow of it as a

law binding to them in the application of it to their particular

cases。

  125。 Secondly; in the state of Nature there wants a known and

indifferent judge; with authority to determine all differences

according to the established law。 For every one in that state being

both judge and executioner of the law of Nature; men being partial

to themselves; passion and revenge is very apt to carry them too

far; and with too much heat in their own cases; as well as

negligence and unconcernedness; make them too remiss in other men's。

  126。 Thirdly; in the state of Nature there often wants power to back

and support the sentence when right; and to give it due execution。

They who by any injustice offended will seldom fail where they are

able by force to make good their injustice。 Such resistance many times

makes the punishment dangerous; and frequently destructive to those

who attempt it。

  127。 Thus mankind; notwithstanding all the privileges of the state

of Nature; being but in an ill condition while they remain in it are

quickly driven into society。 Hence it comes to pass; that we seldom

find any number of men live any time together in this state。 The

inconveniencies that they are therein exposed to by the irregular

and uncertain exercise of the power every man has of punishing the

transgressions of others; make them take sanctuary under the

established laws of government; and therein seek the preservation of

their property。 It is this that 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 authorised 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。

  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 viciousness of degenerate men; there would be no need

of any other; no necessity that men should separate from this great

and natural community; and associate into lesser combinations。 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
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