第 4 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  was so far from having an arbitrary power over his life that he
  could not at pleasure so much as maim him; but the loss of an eye or
  tooth set him free (Exod。 21。)。
  Chapter V
  Of Property
  24。 Whether we consider natural reason; which tells us that men;
  being once born; have a right to their preservation; and
  consequently to meat and drink and such other things as Nature affords
  for their subsistence; or 〃revelation;〃 which gives us an account of
  those grants God made of the world to Adam; and to Noah and his
  sons; it is very clear that God; as King David says (Psalm 115。 16);
  〃has given the earth to the children of men;〃 given it to mankind in
  common。 But; this being supposed; it seems to some a very great
  difficulty how any one should ever come to have a property in
  anything; I will not content myself to answer; that; if it be
  difficult to make out 〃property〃 upon a supposition that God gave
  the world to Adam and his posterity in common; it is impossible that
  any man but one universal monarch should have any 〃property〃 upon a
  supposition that God gave the world to Adam and his heirs in
  succession; exclusive of all the rest of his posterity; but I shall
  endeavour to show how men might come to have a property in several
  parts of that which God gave to mankind in common; and that without
  any express compact of all the commoners。
  25。 God; who hath given the world to men in common; hath also
  given them reason to make use of it to the best advantage of life
  and convenience。 The earth and all that is therein is given to men for
  the support and comfort of their being。 And though all the fruits it
  naturally produces; and beasts it feeds; belong to mankind in
  common; as they are produced by the spontaneous hand of Nature; and
  nobody has originally a private dominion exclusive of the rest of
  mankind in any of them; as they are thus in their natural state; yet
  being given for the use of men; there must of necessity be a means
  to appropriate them some way or other before they can be of any use;
  or at all beneficial; to any particular men。 The fruit or venison
  which nourishes the wild Indian; who knows no enclosure; and is
  still a tenant in common; must be his; and so his… i。e。; a part of
  him; that another can no longer have any right to it before it can
  do him any good for the support of his life。
  26。 Though the earth and all inferior creatures be common to all
  men; yet every man has a 〃property〃 in his own 〃person。〃 This nobody
  has any right to but himself。 The 〃labour〃 of his body and the
  〃work〃 of his hands; we may say; are properly his。 Whatsoever; then;
  he removes out of the state that Nature hath provided and left it
  in; he hath mixed his labour with it; and joined to it something
  that is his own; and thereby makes it his property。 It being by him
  removed from the common state Nature placed it in; it hath by this
  labour something annexed to it that excludes the common right of other
  men。 For this 〃labour〃 being the unquestionable property of the
  labourer; no man but he can have a right to what that is once joined
  to; at least where there is enough; and as good left in common for
  others。
  27。 He that is nourished by the acorns he picked up under an oak; or
  the apples he gathered from the trees in the wood; has certainly
  appropriated them to himself。 Nobody can deny but the nourishment is
  his。 I ask; then; when did they begin to be his? when he digested?
  or when he ate? or when he boiled? or when he brought them home? or
  when he picked them up? And it is plain; if the first gathering made
  them not his; nothing else could。 That labour put a distinction
  between them and common。 That added something to them more than
  Nature; the common mother of all; had done; and so they became his
  private right。 And will any one say he had no right to those acorns or
  apples he thus appropriated because he had not the consent of all
  mankind to make them his? Was it a robbery thus to assume to himself
  what belonged to all in common? If such a consent as that was
  necessary; man had starved; notwithstanding the plenty God had given
  him。 We see in commons; which remain so by compact; that it is the
  taking any part of what is common; and removing it out of the state
  Nature leaves it in; which begins the property; without which the
  common is of no use。 And the taking of this or that part does not
  depend on the express consent of all the commoners。 Thus; the grass my
  horse has bit; the turfs my servant has cut; and the ore I have digged
  in any place; where I have a right to them in common with others;
  become my property without the assignation or consent of anybody。
  The labour that was mine; removing them out of that common state
  they were in; hath fixed my property in them。
  28。 By making an explicit consent of every commoner necessary to any
  one's appropriating to himself any part of what is given in common。
  Children or servants could not cut the meat which their father or
  master had provided for them in common without assigning to every
  one his peculiar part。 Though the water running in the fountain be
  every one's; yet who can doubt but that in the pitcher is his only who
  drew it out? His labour hath taken it out of the hands of Nature where
  it was common; and belonged equally to all her children; and hath
  thereby appropriated it to himself。
  29。 Thus this law of reason makes the deer that Indian's who hath
  killed it; it is allowed to be his goods who hath bestowed his
  labour upon it; though; before; it was the common right of every
  one。 And amongst those who are counted the civilised part of
  mankind; who have made and multiplied positive laws to determine
  property; this original law of Nature for the beginning of property;
  in what was before common; still takes place; and by virtue thereof;
  what fish any one catches in the ocean; that great and still remaining
  common of mankind; or what amber…gris any one takes up here is by
  the labour that removes it out of that common state Nature left it in;
  made his property who takes that pains about it。 And even amongst
  us; the hare that any one is hunting is thought his who pursues her
  during the chase。 For being a beast that is still looked upon as
  common; and no man's private possession; whoever has employed so
  much labour about any of that kind as to find and pursue her has
  thereby removed her from the state of Nature wherein she was common;
  and hath begun a property。
  30。 It will; perhaps; be objected to this; that if gathering the
  acorns or other fruits of the earth; etc。; makes a right to them; then
  any one may engross as much as he will。 To which I answer; Not so。 The
  same law of Nature that does by this means give us property; does also
  bound that property too。 〃God has given us all things richly。〃 Is
  the voice of reason confirmed by inspiration? But how far has He given
  it us… 〃to enjoy〃? As much as any one can make use of to any advantage
  of life before it spoils; so much he may by his labour fix a
  property in。 Whatever is beyond this is more than his share; and
  belongs to others。 Nothing was made by God for man to spoil or
  destroy。 And thus considering the plenty of natural provisions there
  was a long time in the world; and the few spenders; and to how small a
  part of that provision the industry of one man could extend itself and
  engross it to the prejudice of others; especially keeping within the
  bounds set by reason of what might serve for his use; there could be
  then little room for quarrels or contentions about property so
  established。
  31。 But the chief matter of property being now not the fruits of the
  earth and the beasts that subsist on it; but the earth itself; as that
  which takes in and carries with it all the rest; I think it is plain
  that property in that too is acquired as the former。 As much land as a
  man tills; plants; improves; cultivates; and can use the product of;
  so much is his property。 He by his labour does; as it were; enclose it
  from the common。 Nor will it invalidate his right to say everybody
  else has an equal title to it; and therefore he cannot appropriate; he
  cannot enclose; without the consent of all his fellow…commoners; all
  mankind。 God; when He gave the world in common to all mankind;
  commanded man also to labour; and the penury of his condition required
  it of him。 God and his reason commanded him to subdue the earth… i。e。;
  improve it for the benefit of life and therein lay out something
  upon it that was his own; his labour。 He that; in obedience to this
  command of God; subdued; tilled; and sowed any part of it; thereby
  annexed to it something that was his property; which another had no
  title to; nor could without injury take from him。
  32。 Nor was this appropriation of any parcel of land; by improving
  it; any prejudice to any other man; since there was still enough and
  as good left; and more than the yet unprovided could use。 So that;
  in effect; there was never the less left for others because of his
  enclosure for himself。 For he that leav