A state also of equality, wherein all the power and jurisdiction4 is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously5 born to all the same advantages of nature, and the use of the same faculties6, 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 dominion7 and sovereignty.
§5. This equality of men by nature, the judicious8 Hooker looks upon as so evident in itself, and beyond all question, that he makes it the foundation of that obligation to mutual9 love amongst men, on which he builds the duties they owe one another, and from whence he derives10 the great maxims11 of justice and charity. His words are,
“The like natural inducement hath 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 soul, how should I look to have any part of my desire herein satisfied, unless myself be careful to satisfy the like desire, which is undoubtedly12 in other men, being of one and the same nature? To have any thing offered them repugnant to this desire, must needs in all respects grieve them as much as me; so that if I do harm, I must look to suffer, there being no reason that others should shew greater measure of love to me, than they have by me shewed unto them: my desire 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 fully13 the like affection; from which relation of equality between ourselves and them that are as ourselves, what several rules and canons natural reason hath drawn14, for direction of life, no man is ignorant, Eccl. Pol. Lib. 1.”
§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 possession, but where some nobler use than its bare preservation15 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 possessions: for men being all the workmanship of one omnipotent16, and infinitely17 wise maker18; 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 last 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 authorize19 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 wilfully20, 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 offender21, take away, or impair22 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 violation23: 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 thereby24 preserve the innocent and restrain offenders25. And if any one in the state of nature may punish another for any evil he has done, every one may do so: for in that state of perfect equality, where naturally there is no superiority or jurisdiction of one over another, what any may do in prosecution26 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 passionate27 heats, or boundless28 extravagancy of his own will; but only to retribute to him, so far as calm reason and conscience dictate29, what is proportionate to his transgression30, which is so much as may serve for reparation and restraint: for these two are the only reasons, why one man may lawfully31 do harm to another, which is that we call punishment. In transgressing32 the law of nature, the offender declares himself to live by another rule than that of reason and common equity33, 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 trespass34 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 necessary, destroy things noxious35 to them, and so may bring such evil on any one, who hath transgressed36 that law, as may make him repent37 the doing of it, and thereby deter38 him, and by his example others, from doing the like mischief39. And in the case, and upon this ground, every man hath a right to punish the offender, and be executioner of the Law of Nature.
§9. 1 doubt not but this will seem a very strange doctrine40 to some men: but before they condemn41 it, I desire them to resolve me, by what right any prince or state can put to death, or punish an alien, for any crime he commits in their country. It is certain their laws, by virtue42 of any sanction they receive from the promulgated43 will of the legislative44, reach not a stranger: they speak not to him, nor, if they did, is he bound to hearken to them. The legislative authority, by which they are in force over the subjects of that commonwealth45, hath no power over him. Those who have the supreme46 power of making laws in England, France or Holland, are to an Indian, but like the rest of the world, men without authority: and therefore, if by the law of nature every man hath not a power to punish offences against it, as he soberly judges the case to require, I see not how the magistrates47 of any community can punish an alien of another country; since, in reference to him, they can have no more power than what every man naturally may have over another.
§10. Besides the crime which consists in violating the law, and varying from the right rule of reason, whereby a man so far becomes degenerate49, and declares himself to quit the principles of human nature, and to be a noxious creature, there is commonly injury done to some person or other, and some other man receives damage by his transgression: in which case he who hath received any damage, has, besides the right of punishment common to him with other men, a particular right to seek reparation from him that has done it: and any other person, who finds it just, may also join with him that is injured, and assist him in recovering from the offender so much as may make satisfaction for the harm he has suffered.
§11. From these two distinct rights, the one of punishing the crime for restraint, and preventing the like offence, which right of punishing is in every body; the other of taking reparation, which belongs only to the injured party, comes it to pass that the magistrate48, who by being magistrate hath the common right of punishing put into his hands, can often, where the public good demands not the execution of the law, remit50 the punishment of criminal offences by his own authority, but yet cannot remit the satisfaction due to any private man for the damage he has received. That, he who has suffered the damage has a right to demand in his own name, and he alone can remit: the damnified person has this power of appropriating to himself the goods or service of the offender, by right of self-preservation, as every man has a power to punish the crime, to prevent its being committed again, by the right he has of preserving all mankind, and doing all reasonable things he can in order to that end: and thus it is, that every man, in the state of nature, has a power to kill a murderer, both to deter others from doing the like injury, which no reparation can compensate51, by the example of the punishment that attends it from every body, and also to secure men from the attempts of a criminal, who having renounced52 reason, the common rule and measure God hath given to mankind, hath, by the unjust violence and slaughter53 he hath committed upon one, declared war against all mankind, and therefore may be destroyed as a lion or a tyger, one of those wild savage54 beasts, with whom men can have no society nor security: and upon this is grounded that great law of nature, Whoso sheddeth man’s blood, by man shall his blood be shed. And Cain was so fully convinced, that every one had a right to destroy such a criminal, that after the murder of his brother, he cries out, Every one that findeth me, shall slay55 me; so plain was it writ56 in the hearts of all mankind.
§12. By the same reason may a man in the state of nature punish the lesser57 breaches58 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 forth59 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 intelligible60 and plain to a rational creature, and a studier of that law, as the positive laws of commonwealths61; nay62, 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.
§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 unreasonable63 for men to be judges in their own cases, that selflove 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 disorder64 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 monarchs65 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 be endured; I desire to know what kind of government that is, and 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 control those who execute his pleasure? And in whatsoever66 he cloth, whether led by reason, mistake or passion, must be submitted to? 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.
§14. It is often asked as a mighty67 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 politic2; 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 binding68 to them, though they are perfectly70 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.
§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 bind69 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 solely71 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 discourse72, to make it very clear.
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1
sect
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| n.派别，宗教，学派，派系 | |
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politic
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| adj.有智虑的；精明的；v.从政 | |
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derive
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| v.取得；导出；引申；来自；源自；出自 | |
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jurisdiction
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| n.司法权，审判权，管辖权，控制权 | |
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promiscuously
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| adv.杂乱地，混杂地 | |
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faculties
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| n.能力( faculty的名词复数 )；全体教职员；技巧；院 | |
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dominion
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| n.统治，管辖，支配权；领土，版图 | |
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judicious
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| adj.明智的，明断的，能作出明智决定的 | |
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mutual
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| adj.相互的，彼此的；共同的，共有的 | |
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derives
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| v.得到( derive的第三人称单数 )；（从…中）得到获得；源于；（从…中）提取 | |
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maxims
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| n.格言，座右铭( maxim的名词复数 ) | |
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undoubtedly
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| adv.确实地，无疑地 | |
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fully
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| adv.完全地，全部地，彻底地；充分地 | |
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drawn
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| v.拖，拉，拔出；adj.憔悴的，紧张的 | |
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preservation
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| n.保护，维护，保存，保留，保持 | |
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omnipotent
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| adj.全能的，万能的 | |
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infinitely
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| adv.无限地，无穷地 | |
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maker
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| n.制造者，制造商 | |
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authorize
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| v.授权，委任；批准，认可 | |
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wilfully
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| adv.任性固执地；蓄意地 | |
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offender
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| n.冒犯者，违反者，犯罪者 | |
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impair
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| v.损害，损伤；削弱，减少 | |
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violation
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| n.违反(行为)，违背(行为)，侵犯 | |
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thereby
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| adv.因此，从而 | |
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offenders
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| n.冒犯者( offender的名词复数 )；犯规者；罪犯；妨害…的人（或事物） | |
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prosecution
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| n.起诉，告发，检举，执行，经营 | |
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passionate
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| adj.热情的，热烈的，激昂的，易动情的，易怒的，性情暴躁的 | |
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boundless
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| adj.无限的；无边无际的；巨大的 | |
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dictate
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| v.口授；(使)听写；指令，指示，命令 | |
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transgression
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| n.违背；犯规；罪过 | |
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lawfully
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| adv.守法地，合法地；合理地 | |
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transgressing
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| v.超越( transgress的现在分词 )；越过；违反；违背 | |
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equity
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| n.公正，公平，（无固定利息的）股票 | |
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trespass
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| n./v.侵犯，闯入私人领地 | |
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noxious
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| adj.有害的，有毒的；使道德败坏的，讨厌的 | |
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transgressed
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| v.超越( transgress的过去式和过去分词 )；越过；违反；违背 | |
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repent
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| v.悔悟，悔改，忏悔，后悔 | |
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deter
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| vt.阻止，使不敢，吓住 | |
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mischief
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| n.损害，伤害，危害；恶作剧，捣蛋，胡闹 | |
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doctrine
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| n.教义；主义；学说 | |
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condemn
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| vt.谴责，指责；宣判(罪犯)，判刑 | |
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virtue
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| n.德行，美德；贞操；优点；功效，效力 | |
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promulgated
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| v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等） | |
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legislative
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| n.立法机构，立法权；adj.立法的，有立法权的 | |
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commonwealth
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| n.共和国，联邦，共同体 | |
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supreme
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| adj.极度的，最重要的；至高的，最高的 | |
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magistrates
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| 地方法官，治安官( magistrate的名词复数 ) | |
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magistrate
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| n.地方行政官，地方法官，治安官 | |
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degenerate
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| v.退步，堕落；adj.退步的，堕落的；n.堕落者 | |
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50
remit
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| v.汇款，汇寄；豁免（债务），免除（处罚等） | |
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51
compensate
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| vt.补偿，赔偿；酬报 vi.弥补；补偿；抵消 | |
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52
renounced
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| v.声明放弃( renounce的过去式和过去分词 )；宣布放弃；宣布与…决裂；宣布摒弃 | |
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53
slaughter
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| n.屠杀，屠宰；vt.屠杀，宰杀 | |
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savage
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| adj.野蛮的；凶恶的，残暴的；n.未开化的人 | |
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slay
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| v.杀死，宰杀，杀戮 | |
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56
writ
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| n.命令状，书面命令 | |
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lesser
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| adj.次要的，较小的；adv.较小地，较少地 | |
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breaches
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| 破坏( breach的名词复数 )； 破裂； 缺口； 违背 | |
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forth
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| adv.向前；向外，往外 | |
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intelligible
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| adj.可理解的，明白易懂的，清楚的 | |
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commonwealths
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| n.共和国( commonwealth的名词复数 )；联邦；团体；协会 | |
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nay
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| adv.不；n.反对票，投反对票者 | |
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unreasonable
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| adj.不讲道理的，不合情理的，过度的 | |
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disorder
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| n.紊乱，混乱；骚动，骚乱；疾病，失调 | |
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monarchs
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| 君主，帝王( monarch的名词复数 ) | |
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whatsoever
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| adv.（用于否定句中以加强语气）任何；pron.无论什么 | |
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mighty
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| adj.强有力的；巨大的 | |
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binding
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| 有约束力的，有效的，应遵守的 | |
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bind
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| vt.捆，包扎；装订；约束；使凝固；vi.变硬 | |
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perfectly
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| adv.完美地，无可非议地，彻底地 | |
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solely
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| adv.仅仅，唯一地 | |
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discourse
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| n.论文，演说；谈话；话语；vi.讲述，著述 | |
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