Those who are united into one body, and have a
common established law and judicature to appeal to, with
authority to decide controversies between them, and punish
offenders, are in civil society one with another: but those who
have no such common appeal, I mean on earth, are still in the
state of nature, each being, where there is no other, judge for
himself, and executioner; which is, as I have before shewed it,
the perfect state of nature.
Sec. 88. And thus the common-wealth comes by a power to set
down what punishment shall belong to the several transgressions
which they think worthy of it, committed amongst the members of
that society, (which is the power of making laws) as well as it
has the power to punish any injury done unto any of its members,
by any one that is not of it, (which is the power of war and
peace;) and all this for the preservation of the property of all
the members of that society, as far as is possible. But though
every man who has entered into civil society, and is become a
member of any commonwealth, has thereby quitted his power to
punish offences, against the law of nature, in prosecution of his
own private judgment, yet with the judgment of offences, which he
has given up to the legislative in all cases, where he can appeal
to the magistrate, he has given a right to the common-wealth to
employ his force, for the execution of the judgments of the
common-wealth, whenever he shall be called to it; which indeed
are his own judgments, they being made by himself, or his
representative.
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