§. 88. And thus the commonwealth comes by a power to set down what punishment
shall belong to the several transgressions 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 entered into society has 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
up a right to the commonwealth to employ his force for the execution of the
judgments of the commonwealth whenever he shall be called to it, which, indeed,
are his own judgements, they being made by himself or his representative. 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 commonwealth; and also 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.
