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.
89. Wherever, therefore, any number of men so unite 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.
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