concerning civil government-第15章
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nor at rest； nor think themselves in civil society； till the
legislative was so placed in collective bodies of men； call them
senate； parliament； or what you please； by which means every single
person became subject equally with other the meanest men； to those
laws； which he himself； as part of the legislative； had established；
nor could any one； by his own authority； avoid the force of the law；
when once made； nor by any pretence of superiority plead exemption；
thereby to license his own； or the miscarriages of any of his
dependants。 No man in civil society can be exempted from the laws of
it。 For if any man may do what he thinks fit and there be no appeal on
earth for redress or security against any harm he shall do； I ask
whether he be not perfectly still in the state of Nature； and so can
be no part or member of that civil society； unless any one will say
the state of Nature and civil society are one and the same thing；
which I have never yet found any one so great a patron of anarchy as
to affirm。*（2）
* 〃At the first； when some certain kind of regimen was once
appointed； it may be that nothing was then further thought upon for
the manner of governing； but all permitted unto their wisdom and
discretion which were to rule till； by experience； they found this for
all parts very inconvenient； so as the thing which they had devised
for a remedy did indeed but increase the sore which it should have
cured。 They saw that to live by one man's will became the cause of all
men's misery。 This constrained them to come unto laws wherein all
men might see their duty beforehand； and know the penalties of
transgressing them。〃 Hooker； Eccl。 Pol。 i。 10。
*（2） 〃Civil law； being the act of the whole body politic； doth
therefore overrule each several part of the same body。〃 Hooker； ibid。
Chapter VIII
Of the Beginning of Political Societies
95。 MEN being； as has been said； by nature all free； equal； and
independent； no one can be put out of this estate and subjected to the
political power of another without his own consent； which is done by
agreeing with other men； to join and unite into a community for
their comfortable； safe； and peaceable living； one amongst another； in
a secure enjoyment of their properties； and a greater security against
any that are not of it。 This any number of men may do； because it
injures not the freedom of the rest； they are left； as they were； in
the liberty of the state of Nature。 When any number of men have so
consented to make one community or government； they are thereby
presently incorporated； and make one body politic； wherein the
majority have a right to act and conclude the rest。
96。 For； when any number of men have； by the consent of every
individual； made a community； they have thereby made that community
one body； with a power to act as one body； which is only by the will
and determination of the majority。 For that which acts any
community； being only the consent of the individuals of it； and it
being one body； must move one way； it is necessary the body should
move that way whither the greater force carries it； which is the
consent of the majority； or else it is impossible it should act or
continue one body； one community； which the consent of every
individual that united into it agreed that it should； and so every one
is bound by that consent to be concluded by the majority。 And
therefore we see that in assemblies empowered to act by positive
laws where no number is set by that positive law which empowers
them； the act of the majority passes for the act of the whole； and
of course determines as having； by the law of Nature and reason； the
power of the whole。
97。 And thus every man； by consenting with others to make one body
politic under one government； puts himself under an obligation to
every one of that society to submit to the determination of the
majority； and to be concluded by it； or else this original compact；
whereby he with others incorporates into one society； would signify
nothing； and be no compact if he be left free and under no other
ties than he was in before in the state of Nature。 For what appearance
would there be of any compact？ What new engagement if he were no
farther tied by any decrees of the society than he himself thought fit
and did actually consent to？ This would be still as great a liberty as
he himself had before his compact； or any one else in the state of
Nature； who may submit himself and consent to any acts of it if he
thinks fit。
98。 For if the consent of the majority shall not in reason be
received as the act of the whole； and conclude every individual；
nothing but the consent of every individual can make anything to be
the act of the whole； which； considering the infirmities of health and
avocations of business； which in a number though much less than that
of a commonwealth； will necessarily keep many away from the public
assembly； and the variety of opinions and contrariety of interests
which unavoidably happen in all collections of men； it is next
impossible ever to be had。 And； therefore； if coming into society be
upon such terms； it will be only like Cato's coming into the
theatre； tantum ut exiret。 Such a constitution as this would make
the mighty leviathan of a shorter duration than the feeblest
creatures； and not let it outlast the day it was born in； which cannot
be supposed till we can think that rational creatures should desire
and constitute societies only to be dissolved。 For where the
majority cannot conclude the rest； there they cannot act as one
body； and consequently will be immediately dissolved again。
99。 Whosoever； therefore； out of a state of Nature unite into a
community； must be understood to give up all the power necessary to
the ends for which they unite into society to the majority of the
community； unless they expressly agreed in any number greater than the
majority。 And this is done by barely agreeing to unite into one
political society； which is all the compact that is； or needs be；
between the individuals that enter into or make up a commonwealth。 And
thus； that which begins and actually constitutes any political society
is nothing but the consent of any number of freemen capable of
majority； to unite and incorporate into such a society。 And this is
that； and that only； which did or could give beginning to any lawful
government in the world。
100。 To this I find two objections made： 1。 That there are no
instances to be found in story of a company of men； independent and
equal one amongst another； that met together； and in this way began
and set up a government。 2。 It is impossible of right that men
should do so； because all men； being born under government； they are
to submit to that； and are not at liberty to begin a new one。
101。 To the first there is this to answer： That it is not at all
to be wondered that history gives us but a very little account of
men that lived together in the state of Nature。 The inconveniencies of
that condition； and the love and want of society； no sooner brought
any number of them together； but they presently united and in
corporated if they designed to continue together。 And if we may not
suppose men ever to have been in the state of Nature； because we
hear not much of them in such a state； we may as well suppose the
armies of Salmanasser or Xerxes were never children； because we hear
little of them till they were men and embodied in armies。 Government
is everywhere antecedent to records； and letters seldom come in
amongst a people till a long continuation of civil society has； by
other more necessary arts； provided for their safety； ease； and
plenty。 And then they begin to look after the history of their
founders； and search into their original when they have outlived the
memory of it。 For it is with commonwealths as with particular persons；
they are commonly ignorant of their own births and infancies； and if
they know anything of it； they are beholding for it to the
accidental records that others have kept
