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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