| CHAPTER. II. |
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| Of the State of Nature. |
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Sec. 4. To 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.
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A state also of equality, wherein all the power and
jurisdiction is reciprocal, no one having more than another; there being nothing 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.
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Sec. 5. This equality of men by nature, the judicious Hooker
looks upon as so 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,
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"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 undoubtedly 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 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. Lib. 1."
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Sec. 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 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
possessions: for men being all the workmanship 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 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 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.
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Sec. 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
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 prosecution of that law, every one must needs have a right to
do.
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Sec. 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 necessary, destroy things noxious to them, and so may bring such evil on any one, who
hath transgressed that law, as may make him repent the doing of it, and thereby deter him,
and by his example others, from doing the like mischief. 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.
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Sec. 9. I doubt not but this will seem a very strange
doctrine to some men: but before they condemn 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 virtue of any sanction they receive from
the promulgated will of the legislative, 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 commonwealth, hath no power over him. Those who have
the supreme 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 magistrates 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.
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Sec. 10. Besides the crime which consists in violating the
law, and varying from the right rule of reason, whereby a man so far becomes degenerate,
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.
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Sec. 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 magistrate, 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, remit 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 compensate, 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 renounced reason, the common rule and measure God hath
given to mankind, hath, by the unjust violence and slaughter 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 savage 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 slay me; so plain was it writ in the hearts of all mankind.
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Sec. 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.
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Sec. 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 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 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 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 controul those
who execute his pleasure and in whatsoever he doth, 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.
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Sec. 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.
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Sec. 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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