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hat in assemblies; impowered to act by  positive laws; where no number is set by that positive law which  impowers them; the act of the majority passes for the act of the  whole; and of course determines; as having; by the law of nature  and reason; the power of the whole。        Sec。 97。  And thus every man; by consenting with others to  make one body politic under one government; puts himself under an  obligation; to every one of that society; to submit to the  determination of the majority; and to be concluded by it; or else  this original compact; whereby he with others incorporates into  one society; would signify nothing; and be no compact; if he be  left free; and under no other ties than he was in before in the  state of nature。  For what appearance would there be of any  compact? what new engagement if he were no farther tied by any  decrees of the society; than he himself thought fit; and did  actually consent to?  This would be still as great a liberty; as  he himself had before his compact; or any one else in the state  of nature hath; who may submit himself; and consent to any acts 

of it if he thinks fit。        Sec。 98。  For if the consent of the majority shall not; in  reason; be received as the act of the whole; and conclude every  individual; nothing but the consent of every individual can make  any thing to be the act of the whole: but such a consent is next  to impossible ever to be had; if we consider the infirmities of  health; and avocations of business; which in a number; though  much less than that of a common…wealth; will necessarily keep  many away from the public assembly。  To which if we add the  variety of opinions; and contrariety of interests; which  unavoidably happen in all collections of men; the coming into  society upon such terms would be only like Cato's coming into the  theatre; only to go out again。  Such a constitution as this would  make the mighty Leviathan of a shorter duration; than the  feeblest creatures; and not let it outlast the day it was bom in:  which cannot be supposed; till we can think; that rational  creatures should desire and constitute societies only to be  dissolved: for where the majority cannot conclude the rest; there  they cannot act as one body; and consequently will be immediately  dissolved again。        Sec。 99。  Whosoever therefore out of a state of nature unite  into a community; must be understood to give up all the power;  necessary to the ends for which they unite into society; to the  majority of the community; unless they expresly agreed in any  number greater than the majority。  And this is done by barely  agreeing to unite into one political society; which is all the  compact that is; or needs be; between the individuals; that enter  into; or make up a commonwealth。  And thus that; which begins and  actually constitutes any political society; is nothing but the  consent of any number of freemen capable of a majority to unite  and incorporate into such a society。  And this is that; and that  only; which did; or could give beginning to any lawful government  in the world。        Sec。 100。  To this I find two objections made。      First; That there are no instances to be found in story; of  a company of men independent; and equal one amongst another; that  met together; and in this way began and set up a government。        Secondly; It is impossible of right; that men should do so;  because all men being born under government; they are to submit  to that; and are not at liberty to begin a new one。        Sec。 101。  To the first there is this to answer; That it is  not at all to be wondered; that history gives us but a very  little account of men; that lived together in the state of  nature。  The inconveniences of that condition; and the love and  want of society; no sooner brought any number of them together;  but they presently united and incorporated; if they designed to  continue together。  And if we may not suppose men ever to have  been in the state of nature; because we hear not much of them in  such a state; we may as well suppose the armies of Salmanasser or  Xerxes were never children; because we hear little of them; till  they were men; and imbodied in armies。  Government is every where  antecedent to records; and letters seldom come in amongst a  people till a long continuation of civil society has; by other  more necessary arts; provided for their safety; ease; and plenty:  and then they begin to look after the history of their founders;  and search into their original; when they have outlived the  memory of it: for it is with commonwealths as with particular  persons; they are commonly ignorant of their own births and  infancies: and if they know any thing of their original; they are  beholden for it; to the accidental records that others have kept  of it。  And those that we have; of the beginning of any polities  in the world; excepting that of the Jews; where God himself  immediately interposed; and which favours not at all paternal  dominion; are all either plain instances of such a beginning as I  have mentioned; or at least have manifest footsteps of it。  


     Sec。 102。  He must shew a strange inclination to deny  evident matter of fact; when it agrees not with his hypothesis;  who will not allow; that shew a strange inclination to deny  evident matter of fact; when it agrees not with his hypothesis;  who will not allow; that the beginning of Rome and Venice were by  the uniting together of several men free and independent one of  another; amongst whom there was no natural superiority or  subjection。  And if Josephus Acosta's word may be taken; he tells  us; that in many parts of America there was no government at all。   There are great and apparent conjectures; says he; that these  men; speaking of those of Peru; for a long time had neither kings  nor commonwealths; but lived in troops; as they do this day in  Florida; the Cheriquanas; those of Brazil; and many other  nations; which have no certain kings; but as occasion is offered;  in peace or war; they choose their captains as they please; 1。   i。  c。  25。  If it be said; that every man there was born subject  to his father; or the head of his family; that the subjection due  from a child to a father took not away his freedom of uniting  into what political society he thought fit; has been already  proved。  But be that as it will; these men; it is evident; were  actually free; and whatever superiority some politicians now  would place in any of them; they themselves claimed it not; but  by consent were all equal; till by the same consent they set  rulers over themselves。  So that their politic societies all  began from a voluntary union; and the mutual agreement of men  freely acting in the choice of their governors; and forms of  government。        Sec。 103。  And I hope those who went away from Sparta with  Palantus; mentioned by Justin; 1。 iii。 c。 4。  will be allowed to  have been freemen independent one of another; and to have set up  a government over themselves; by their own consent。  Thus I have  given several examples; out of history; of people free and in the  state of nature; that being met together incorporated and began a  commonwealth。  And if the want of such instances be an argument  to prove that government were not; nor could not be so begun; I  suppose the contenders for paternal empire were better let it  alone; than urge it against natural liberty: for if they can give  so many instances; out of history; of governments begun upon  paternal right; I think (though at best an argument from what has  been; to what should of right be; has no great force) one might;  without any great danger; yield them the cause。  But if I might  advise them in the case; they would do well not to search too  much into the original of governments; as they have begun de  facto; lest they should find; at the foundation of most of them;  something very little favourable to the design they promote; and  such a power as they contend for。        Sec。 104。  But to conclude; reason being plain on our side;  that men are naturally free; and the examples of history shewing;  that the governments of the world; that were begun in peace; had  their beginning laid on that foundation; and were made by the  consent of the people; there can be little room for doubt; either  where the right is; or what has been the opinion; or practice of  mankind; about the first erecting of governments。        Sec。 105。  I will not deny; that if we look back as far as  history will direct us; towards the original of commonwealths; we  shall generally find them under the government and administration  of one man。  And I am also apt to believe; that where a family  was numerous enough to subsist by itself; and continued entire  together; without mixing with others; as it often happens; where  there is much land; and few people; the government commonly began  in the father: for the father having; by the law of nature; the  same power with every man else to punish; as he thought fit; any  offences against that law; might thereby punish his transgressing  children; even when they were men; and out of their pupilage; and  they were very likely to submit to his punishment; and all join  with him against the offender; in their 

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