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from them everything else; and so be looked on as in a state of war。
18。 This makes it lawful for a man to kill a thief who has not in
the least hurt him; nor declared any design upon his life; any farther
than by the use of force; so to get him in his power as to take away
his money; or what he pleases; from him; because using force; where he
has no right to get me into his power; let his pretence be what it
will; I have no reason to suppose that he who would take away my
liberty would not; when he had me in his power; take away everything
else。 And; therefore; it is lawful for me to treat him as one who
has put himself into a state of war with me… i。e。; kill him if I
can; for to that hazard does he justly expose himself whoever
introduces a state of war; and is aggressor in it。
19。 And here we have the plain difference between the state of
Nature and the state of war; which however some men have confounded;
are as far distant as a state of peace; goodwill; mutual assistance;
and preservation; and a state of enmity; malice; violence and mutual
destruction are one from another。 Men living together according to
reason without a common superior on earth; with authority to judge
between them; is properly the state of Nature。 But force; or a
declared design of force upon the person of another; where there is no
common superior on earth to appeal to for relief; is the state of war;
and it is the want of such an appeal gives a man the right of war even
against an aggressor; though he be in society and a fellow…subject。
Thus; a thief whom I cannot harm; but by appeal to the law; for having
stolen all that I am worth; I may kill when he sets on me to rob me
but of my horse or coat; because the law; which was made for my
preservation; where it cannot interpose to secure my life from present
force; which if lost is capable of no reparation; permits me my own
defence and the right of war; a liberty to kill the aggressor; because
the aggressor allows not time to appeal to our common judge; nor the
decision of the law; for remedy in a case where the mischief may be
irreparable。 Want of a common judge with authority puts all men in a
state of Nature; force without right upon a man's person makes a state
of war both where there is; and is not; a common judge。
20。 But when the actual force is over; the state of war ceases
between those that are in society and are equally on both sides
subject to the judge; and; therefore; in such controversies; where the
question is put; 〃Who shall be judge?〃 it cannot be meant who shall
decide the controversy; every one knows what Jephtha here tells us;
that 〃the Lord the Judge〃 shall judge。 Where there is no judge on
earth the appeal lies to God in Heaven。 That question then cannot mean
who shall judge; whether another hath put himself in a state of war
with me; and whether I may; as Jephtha did; appeal to Heaven in it? Of
that I myself can only judge in my own conscience; as I will answer it
at the great day to the Supreme Judge of all men。
Chapter IV
Of Slavery
21。 The natural liberty of man is to be free from any superior power
on earth; and not to be under the will or legislative authority of
man; but to have only the law of Nature for his rule。 The liberty of
man in society is to be under no other legislative power but that
established by consent in the commonwealth; nor under the dominion
of any will; or restraint of any law; but what that legislative
shall enact according to the trust put in it。 Freedom; then; is not
what Sir Robert Filmer tells us: 〃A liberty for every one to do what
he lists; to live as he pleases; and not to be tied by any laws〃;
but freedom of men under government is to have a standing rule to live
by; common to every one of that society; and made by the legislative
power erected in it。 A liberty to follow my own will in all things
where that rule prescribes not; not to be subject to the inconstant;
uncertain; unknown; arbitrary will of another man; as freedom of
nature is to be under no other restraint but the law of Nature。
22。 This freedom from absolute; arbitrary power is so necessary
to; and closely joined with; a man's preservation; that he cannot part
with it but by what forfeits his preservation and life together。 For a
man; not having the power of his own life; cannot by compact or his
own consent enslave himself to any one; nor put himself under the
absolute; arbitrary power of another to take away his life when he
pleases。 Nobody can give more power than he has himself; and he that
cannot take away his own life cannot give another power over it。
Indeed; having by his fault forfeited his own life by some act that
deserves death; he to whom he has forfeited it may; when he has him in
his power; delay to take it; and make use of him to his own service;
and he does him no injury by it。 For; whenever he finds the hardship
of his slavery outweigh the value of his life; it is in his power;
by resisting the will of his master; to draw on himself the death he
desires。
23。 This is the perfect condition of slavery; which is nothing
else but the state of war continued between a lawful conqueror and a
captive; for if once compact enter between them; and make an agreement
for a limited power on the one side; and obedience on the other; the
state of war and slavery ceases as long as the compact endures; for;
as has been said; no man can by agreement pass over to another that
which he hath not in himself… a power over his own life。
I confess; we find among the Jews; as well as other nations; that
men did sell themselves; but it is plain this was only to drudgery;
not to slavery; for it is evident the person sold was not under an
absolute; arbitrary; despotical power; for the master could not have
power to kill him at any time; whom at a certain time he was obliged
to let go free out of his service; and the master of such a servant
was so far from having an arbitrary power over his life that he
could not at pleasure so much as maim him; but the loss of an eye or
tooth set him free (Exod。 21。)。
Chapter V
Of Property
24。 Whether we consider natural reason; which tells us that men;
being once born; have a right to their preservation; and
consequently to meat and drink and such other things as Nature affords
for their subsistence; or 〃revelation;〃 which gives us an account of
those grants God made of the world to Adam; and to Noah and his
sons; it is very clear that God; as King David says (Psalm 115。 16);
〃has given the earth to the children of men;〃 given it to mankind in
common。 But; this being supposed; it seems to some a very great
difficulty how any one should ever come to have a property in
anything; I will not content myself to answer; that; if it be
difficult to make out 〃property〃 upon a supposition that God gave
the world to Adam and his posterity in common; it is impossible that
any man but one universal monarch should have any 〃prop