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The Elements of Law Natural and Politic [47]

By Root 880 0
are amongst themselves in the state of hostility, and not of peace; like the seditious Jews besieged in Jerusalem, that could join against their enemies, and yet fight amongst themselves; whensoever therefore any man saith, that a number of men hath done any act: it is to be understood, that every particular man in that number hath consented thereunto, and not the greatest part only. Secondly, though thus assembled with intention to unite themselves, they are yet in that estate in which every man hath right to everything, and consequently, as hath been said, chap. XIV, sect. 10, in an estate of enjoying nothing: and therefore meum and tuum hath no place amongst them. 3. The first thing therefore they are to do, is expressly every man to consent to something by which they may come nearer to their ends; which can be nothing else imaginable but this: that they allow the wills of the major part of their whole number, or the wills of the major part of some certain number of men by them determined and named; or lastly the will of some one man, to involve and be taken for the wills of every man. And this done they are united, and a body politic. And if the major part of their whole number be supposed to involve the wills of all the particulars, then are they said to be a DEMOCRACY, that is to say a government wherein the whole number, or so many of them as please, being assembled together, are the sovereign, and every particular man a subject. If the major part of a certain number of men named or distinguished from the rest, be supposed to involve the wills of every one of the particulars, then are they said to be an OLIGARCHY, or ARISTOCRACY; which two words signify the same thing, together with the divers passions of those that use them; for when the men that be in that office please, they are called an aristocracy, otherwise an oligarchy; wherein those, the major part of which declare the wills of the whole multitude, being assembled, are the sovereign, and every man severally a subject. Lastly if their consent be such, that the will of one man, whom they name, shall stand for the wills of them all, then is their government or union called a MONARCHY; and that one man the sovereign, and every of the rest a subject. 4. And those several sorts of unions, governments, and subjections of man's will, may be understood to be made, either absolutely, that is to say, for all future time, or for a time limited only. But forasmuch as we speak here of a body politic, instituted for the perpetual benefit and defence of them that make it; which therefore men desire should last for ever, I will omit to speak of those that be temporary, and consider those that be for ever. 5. The end for which one man giveth up, and relinquisheth to another, or others, the right of protecting and defending himself by his own power, is the security which he expecteth thereby, of protection and defence from those to whom he doth so relinquish it. And a man may then account himself in the estate of security, when he can foresee no violence to be done unto him, from which the doer may not be deterred by the power of that sovereign, to whom they have every one subjected themselves; and without that security there is no reason for a man to deprive himself of his own advantages, and make himself a prey to others. And therefore when there is not such a sovereign power erected, as may afford this security; it is to be understood that every man's right of doing whatsoever seemeth good in his own eyes, remaineth still with him. And contrariwise, where any subject hath right by his own judgment and discretion, to make use of his force; it is to be understood that every man hath the like, and consequently that there is no commonwealth at all established. How far therefore in the making of a commonwealth, a man subjecteth his will to the power of others, must appear from the end, namely security. For whatsoever is necessary to be by covenant transferred for the attaining thereof, so much is transferred, or else every man is in his natural liberty to secure himself.
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