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a lord over his slave. All which distinct powers happening sometimes together in the same man, if he be considered under these different relations, it may help us to distinguish these powers one from another, and Thew the difference betwixt a ruler of a common-wealth, a father of a family, and a captain of a galley.
§. 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.
CH A P. II.
Of the State of Nature. $. 4.
o 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 no
: thing 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.
$. 5. This equality of men by nature, the judicious Hooker looks upon as fo 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 bath 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 foul, how should I look to have any part of my defire berein satisfied, unless myself be careful to satisfy the like depre, which is undoubtedly in other men, being of one and the same nature? To have any thing offered them repugnant to this defire, must needs in all
respects grieve them as much as mes so that if I do harm, I must look to suffer, there being no reason that others should few greater meafure of love to me, than they have by me dhewed unto them: my defire 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.
§. 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 pofseffion, 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 poffeffions : for men being all the workmanîhip 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 lart
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.
$. 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 națure may punish another for any evil he has 4
done, every one may do so: for in that state of perfect equality, where naturally there is no superiority or jurisdiction of one another, what any may do in prosecution of that law, every one must needs have a right to do.
§. 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 necef