第 19 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9321
  people。 For it being but the joint power of every member of the
  society given up to that person or assembly which is legislator; it
  can be no more than those persons had in a state of Nature before they
  entered into society; and gave it up to the community。 For nobody
  can transfer to another more power than he has in himself; and
  nobody has an absolute arbitrary power over himself; or over any
  other; to destroy his own life; or take away the life or property of
  another。 A man; as has been proved; cannot subject himself to the
  arbitrary power of another; and having; in the state of Nature; no
  arbitrary power over the life; liberty; or possession of another;
  but only so much as the law of Nature gave him for the preservation of
  himself and the rest of mankind; this is all he doth; or can give up
  to the commonwealth; and by it to the legislative power; so that the
  legislative can have no more than this。 Their power in the utmost
  bounds of it is limited to the public good of the society。* It is a
  power that hath no other end but preservation; and therefore can never
  have a right to destroy; enslave; or designedly to impoverish the
  subjects; the obligations of the law of Nature cease not in society;
  but only in many cases are drawn closer; and have; by human laws;
  known penalties annexed to them to enforce their observation。 Thus the
  law of Nature stands as an eternal rule to all men; legislators as
  well as others。 The rules that they make for; other men's actions
  must; as well as their own and other men's actions; be conformable
  to the law of Nature… i。e。; to the will of God; of which that is a
  declaration; and the fundamental law of Nature being the
  preservation of mankind; no human sanction can be good or valid
  against it。
  * 〃Two foundations there are which bear up public societies; the one
  a natural inclination whereby all men desire sociable life and
  fellowship; the other an order; expressly or secretly agreed upon;
  touching the manner of their union in living together。 The latter is
  that which we call the law of a commonweal; the very soul of a politic
  body; the parts whereof are by law animated; held together; and set on
  work in such actions as the common good requireth。 Laws politic;
  ordained for external order and regimen amongst men; are never
  framed as they should be; unless presuming the will of man to be
  inwardly obstinate; rebellious; and averse from all obedience to the
  sacred laws of his nature; in a word; unless presuming man to be in
  regard of his depraved mind little better than a wild beast; they do
  accordingly provide notwithstanding; so to frame his outward
  actions; that they be no hindrance unto the common good; for which
  societies are instituted。 Unless they do this they are not perfect。〃
  Hooker; Eccl。 Pol。 i。 10。
  136。 Secondly; the legislative or supreme authority cannot assume to
  itself a power to rule by extemporary arbitrary decrees; but is
  bound to dispense justice and decide the rights of the subject by
  promulgated standing laws;* and known authorised judges。 For the law
  of Nature being unwritten; and so nowhere to be found but in the minds
  of men; they who; through passion or interest; shall miscite or
  misapply it; cannot so easily be convinced of their mistake where
  there is no established judge; and so it serves not as it aught; to
  determine the rights and fence the properties of those that live under
  it; especially where every one is judge; interpreter; and
  executioner of it too; and that in his own case; and he that has right
  on his side; having ordinarily but his own single strength; hath not
  force enough to defend himself from injuries or punish delinquents。 To
  avoid these inconveniencies which disorder men's properties in the
  state of Nature; men unite into societies that they may have the
  united strength of the whole society to secure and defend their
  properties; and may have standing rules to bound it by which every one
  may know what is his。 To this end it is that men give up all their
  natural power to the society they enter into; and the community put
  the legislative power into such hands as they think fit; with this
  trust; that they shall be governed by declared laws; or else their
  peace; quiet; and property will still be at the same uncertainty as it
  was in the state of Nature。
  * 〃Human laws are measures in respect of men whose actions they must
  direct; howbeit such measures they are as have also their higher rules
  to be measured by; which rules are two… the law of God and the law
  of Nature; so that laws human must be made according to the general
  laws of Nature; and without contradiction to any positive law of
  Scripture; otherwise they are ill made。〃 Hooker; Eccl。 Pol。 iii。 9。
  〃To constrain men to anything inconvenient doth seem
  unreasonable。〃 Ibid。 i。 10。
  137。 Absolute arbitrary power; or governing without settled standing
  laws; can neither of them consist with the ends of society and
  government; which men would not quit the freedom of the state of
  Nature for; and tie themselves up under; were it not to preserve their
  lives; liberties; and fortunes; and by stated rules of right and
  property to secure their peace and quiet。 It cannot be supposed that
  they should intend; had they a power so to do; to give any one or more
  an absolute arbitrary power over their persons and estates; and put
  a force into the magistrate's hand to execute his unlimited will
  arbitrarily upon them; this were to put themselves into a worse
  condition than the state of Nature; wherein they had a liberty to
  defend their right against the injuries of others; and were upon equal
  terms of force to maintain it; whether invaded by a single man or many
  in combination。 Whereas by supposing they have given up themselves
  to the absolute arbitrary power and will of a legislator; they have
  disarmed themselves; and armed him to make a prey of them when he
  pleases; he being in a much worse condition that is exposed to the
  arbitrary power of one man who has the command of a hundred thousand
  than he that is exposed to the arbitrary power of a hundred thousand
  single men; nobody being secure; that his will who has such a
  command is better than that of other men; though his force be a
  hundred thousand times stronger。 And; therefore; whatever form the
  commonwealth is under; the ruling power ought to govern by declared
  and received laws; and not by extemporary dictates and undetermined
  resolutions; for then mankind will be in a far worse condition than in
  the state of Nature if they shall have armed one or a few men with the
  joint power of a multitude; to force them to obey at pleasure the
  exorbitant and unlimited decrees of their sudden thoughts; or
  unrestrained; and till that moment; unknown wills; without having
  any measures set down which may guide and justify their actions。 For
  all the power the government has; being only for the good of the
  society; as it ought not to be arbitrary and at pleasure; so it
  ought to be exercised by established and promulgated laws; that both
  the people may know their duty; and be safe and secure within the
  limits of the law; and the rulers; too; kept within their due
  bounds; and not be tempted by the power they have in their hands to
  employ it to purposes; and by such measures as they would not have
  known; and own not willingly。
  138。 Thirdly; the supreme power cannot take from any man any part of
  his property without his own consent。 For the preservation of property
  being the end of government; and that for which men enter into
  society; it necessarily supposes and requires that the people should
  have property; without which they must be supposed to lose that by
  entering into society which was the end for which they entered into
  it; too gross an absurdity for any man to own。 Men; therefore; in
  society having property; they have such a right to the goods; which by
  the law of the community are theirs; that nobody hath a right to
  take them; or any part of them; from them without their own consent;
  without this they have no property at all。 For I have truly no
  property in that which another can by right take from me when he
  pleases against my consent。 Hence it is a mistake to think that the
  supreme or legislative power of any commonwealth can do what it
  will; and dispose of the estates of the subject arbitrarily; or take
  any part of them at pleasure。 This is not much to be feared in
  governments where the legislative consists wholly or in part in
  assemblies which are variable; whose members upon the dissolution of
  the assembly are subjects under the common laws of their country;
  equally with the rest。 But in governments where the legislative is
  in one lasting assembly; always in being; or in one man as in absolute
  monarchies; there is danger still; that they will think themselves
  to have a distinct interest from the rest of the community; and so
  will be apt to increase their own riches and power by taking what they
  think fit from the people。 For a man's property is not at all
  secure; though there be good and equitable laws to