And herein we have the original of the
legislative and executive power of civil society, which is to
judge by standing laws, how far offences are to be punished, when
committed within the common-wealth; and also to determine, by
occasional judgments founded on the present circumstances of the
fact, how far injuries from without are to be vindicated; and in
both these to employ all the force of all the members, when there
shall be need.
Sec. 89. Where-ever therefore any number of men are so
united into one society, as to quit every one his executive power
of the law of nature, and to resign it to the public, there and
there only is a political, or civil society. And this is done,
where-ever any number of men, in the state of nature, enter into
society to make one people, one body politic, under one supreme
government; or else when any one joins himself to, and
incorporates with any government already made: for hereby he
authorizes the society, or which is all one, the legislative
thereof, to make laws for him, as the public good of the society
shall require; to the execution whereof, his own assistance (as
to his own decrees) is due. And this puts men out of a state of
nature into that of a common-wealth, by setting up a judge on
earth, with authority to determine all the controversies, and
redress the injuries that may happen to any member of the
commonwealth; which judge is the legislative, or magistrates
appointed by it.
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