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= ROOT|Philosophy|1600-1699|locke-second-117.txt =

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brother, he cries out, Every one that findeth me, shall slay 
me; so plain was it writ in the hearts of all mankind.

     Sect. 12. By the same reason may a man in the state of 
nature punish the lesser breaches of that law.  It will perhaps 
be demanded, with death? I answer, each transgression may be 
punished to that degree, and with so much severity, as will 
suffice to make it an ill bargain to the offender, give him cause 
to repent, and terrify others from doing the like.  Every 
offence, that can be committed in the state of nature, may in the 
state of nature be also punished equally, and as far forth as it 
may, in a commonwealth: for though it would be besides my present 
purpose, to enter here into the particulars of the law of nature, 
or its measures of punishment; yet, it is certain there is such 
a law, and that too, as intelligible and plain to a rational 
creature, and a studier of that law, as the positive laws of 
commonwealths; nay, possibly plainer; as much as reason is easier 
to be understood, than the fancies and intricate contrivances of 
men, following contrary and hidden interests put into words; for 
so truly are a great part of the municipal laws of countries, 
which are only so far right, as they are founded on the law of 
nature, by which they are to be regulated and interpreted.  

     Sect. 13. To this strange doctrine, viz. That in the 
state of nature every one has the executive power of the law of 
nature, I doubt not but it will be objected, that it is 
unreasonable for men to be judges in their own cases, that self-
love will make men partial to themselves and their friends: and 
on the other side, that ill nature, passion and revenge will 
carry them too far in punishing others; and  hence nothing but 
confusion and disorder will follow, and that therefore God hath 
certainly appointed government to restrain the partiality and 
violence of men.  I easily grant, that civil government is the 
proper remedy for the inconveniencies of the state of nature, 
which must certainly be great, where men may be judges in their 
own case, since it is easy to be imagined, that he who was so 
unjust as to do his brother an injury, will scarce be so just as 
to condemn himself for it: but I shall desire those who make this 
objection, to remember, that absolute monarchs are but men; and 
if government is to be  the remedy of those evils, which 
necessarily follow from men's being judges in their own cases, 
and the state of nature is therefore not to how much better it is 
than the state of nature, where one man, commanding a multitude, 
has the liberty to be judge in his own case, and may do to all 
his subjects whatever he pleases, without the least liberty to 
any one to question or controul those who execute his pleasure7 
and in whatsoever he  cloth,  whether  led  by  reason, mistake 
or passion, must be submitted to7 much better it is in the state 
of nature, wherein men are not bound to submit to the unjust will 
of another: and if he that judges, judges amiss in his own, or 
any other case, he is answerable for it to the rest of mankind.

     Sect. 14. It is often asked as a mighty objection, where 
are, or ever were there any men in such a state of nature? To 
which it may suffice as an answer at present, that since all 
princes and rulers of independent governments all through the 
world, are in a  state  of nature, it is plain the world never 
was, nor ever will be, without numbers of men in that state.  I 
have named all governors of independent communities, whether 
they are, or are  not,  in  league with others: for it is not 
every compact that puts an end to the state of nature between 
men, but only this one  of  agreeing  together mutually to enter 
into one community, and make one body politic; other promises, 
and compacts, men  may  make  one  with  another, and yet still 
be in the state of nature.  The promises and bargains for truck, 
&c. between the two men in the desert island, mentioned by 
Garcilasso de la Vega, in his history of Peru; or between a 
Swiss and an Indian, in the woods of America, are binding 
to them, though they are perfectly in a state of nature, in 
reference to one another: for truth and keeping of faith belongs 
to men, as men, and not as members of society.

     Sect. 15. To those that say, there were never any men in the 
state of nature, I will not only oppose the authority  of  the  
judicious Hooker, Eccl. Pol. lib. i. sect. 10, where he says, 
The laws which have been hitherto mentioned, i.e. the laws of 
nature, do bind men absolutely, even as they are men, although 
they have never any settled fellowship, never  any  solemn  
agreement  amongst  themselves what to do, or not to do: but 
forasmuch as we are not by ourselves sufficient to furnish 
ourselves with competent store of things, needful for such a life 
as our nature doth desire, a life fit for the dignity of man; 
therefore to supply those defects and imperfections which are in 
us, as living single and solely by ourselves, we are naturally 
induced to seek communion and fellowship with  others:  this  was 
the cause of men's uniting themselves at first in politic 
societies.  But I moreover affirm, that all men are  naturally  
in  that  state,  and  remain so, till by their own consents they 
make themselves members of some politic society; and I doubt not 
in the sequel of this discourse, to make it very clear.  
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                          C H A P. I I I.

                                

                     Of the State of War.

     16. THE state of war is a state of enmity and 
destruction: and therefore declaring by word or action, not a 
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