第 20 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  secure; though there be good and equitable laws to set the bounds of
  it between him and his fellow…subjects; if he who commands those
  subjects have power to take from any private man what part he
  pleases of his property; and use and dispose of it as he thinks good。
  139。 But government; into whosesoever hands it is put; being as I
  have before shown; entrusted with this condition; and for this end;
  that men might have and secure their properties; the prince or senate;
  however it may have power to make laws for the regulating of
  property between the subjects one amongst another; yet can never
  have a power to take to themselves the whole; or any part of the
  subjects' property; without their own consent; for this would be in
  effect to leave them no property at all。 And to let us see that even
  absolute power; where it is necessary; is not arbitrary by being
  absolute; but is still limited by that reason and confined to those
  ends which required it in some cases to be absolute; we need look no
  farther than the common practice of martial discipline。 For the
  preservation of the army; and in it of the whole commonwealth;
  requires an absolute obedience to the command of every superior
  officer; and it is justly death to disobey or dispute the most
  dangerous or unreasonable of them; but yet we see that neither the
  sergeant that could command a soldier to march up to the mouth of a
  cannon; or stand in a breach where he is almost sure to perish; can
  command that soldier to give him one penny of his money; nor the
  general that can condemn him to death for deserting his post; or not
  obeying the most desperate orders; cannot yet with all his absolute
  power of life and death dispose of one farthing of that soldier's
  estate; or seize one jot of his goods; whom yet he can command
  anything; and hang for the least disobedience。 Because such a blind
  obedience is necessary to that end for which the commander has his
  power… viz。; the preservation of the rest; but the disposing of his
  goods has nothing to do with it。
  140。 It is true governments cannot be supported without great
  charge; and it is fit every one who enjoys his share of the protection
  should pay out of his estate his proportion for the maintenance of it。
  But still it must be with his own consent… i。e。; the consent of the
  majority; giving it either by themselves or their representatives
  chosen by them; for if any one shall claim a power to lay and levy
  taxes on the people by his own authority; and without such consent
  of the people; he thereby invades the fundamental law of property; and
  subverts the end of government。 For what property have I in that which
  another may by right take when he pleases to himself?
  141。 Fourthly。 The legislative cannot transfer the power of making
  laws to any other hands; for it being but a delegated power from the
  people; they who have it cannot pass it over to others。 The people
  alone can appoint the form of the commonwealth; which is by
  constituting the legislative; and appointing in whose hands that shall
  be。 And when the people have said; 〃We will submit; and be governed by
  laws made by such men; and in such forms;〃 nobody else can say other
  men shall make laws for them; nor can they be bound by any laws but
  such as are enacted by those whom they have chosen and authorised to
  make laws for them。
  142。 These are the bounds which the trust that is put in them by the
  society and the law of God and Nature have set to the legislative
  power of every commonwealth; in all forms of government。 First: They
  are to govern by promulgated established laws; not to be varied in
  particular cases; but to have one rule for rich and poor; for the
  favourite at Court; and the countryman at plough。 Secondly: These laws
  also ought to be designed for no other end ultimately but the good
  of the people。 Thirdly: They must not raise taxes on the property of
  the people without the consent of the people given by themselves or
  their deputies。 And this properly concerns only such governments where
  the legislative is always in being; or at least where the people
  have not reserved any part of the legislative to deputies; to be
  from time to time chosen by themselves。 Fourthly: Legislative
  neither must nor can transfer the power of making laws to anybody
  else; or place it anywhere but where the people have。
  Chapter XII
  The Legislative; Executive; and Federative Power
  of the Commonwealth
  143。 THE legislative power is that which has a right to direct how
  the force of the commonwealth shall be employed for preserving the
  community and the members of it。 Because those laws which are
  constantly to be executed; and whose force is always to continue;
  may be made in a little time; therefore there is no need that the
  legislative should be always in being; not having always business to
  do。 And because it may be too great temptation to human frailty; apt
  to grasp at power; for the same persons who have the power of making
  laws to have also in their hands the power to execute them; whereby
  they may exempt themselves from obedience to the laws they make; and
  suit the law; both in its making and execution; to their own private
  advantage; and thereby come to have a distinct interest from the
  rest of the community; contrary to the end of society and
  government。 Therefore in well…ordered commonwealths; where the good of
  the whole is so considered as it ought; the legislative power is put
  into the hands of divers persons who; duly assembled; have by
  themselves; or jointly with others; a power to make laws; which when
  they have done; being separated again; they are themselves subject
  to the laws they have made; which is a new and near tie upon them to
  take care that they make them for the public good。
  144。 But because the laws that are at once; and in a short time
  made; have a constant and lasting force; and need a perpetual
  execution; or an attendance thereunto; therefore it is necessary there
  should be a power always in being which should see to the execution of
  the laws that are made; and remain in force。 And thus the
  legislative and executive power come often to be separated。
  145。 There is another power in every commonwealth which one may call
  natural; because it is that which answers to the power every man
  naturally had before he entered into society。 For though in a
  commonwealth the members of it are distinct persons; still; in
  reference to one another; and; as such; are governed by the laws of
  the society; yet; in reference to the rest of mankind; they make one
  body; which is; as every member of it before was; still in the state
  of Nature with the rest of mankind; so that the controversies that
  happen between any man of the society with those that are out of it
  are managed by the public; and an injury done to a member of their
  body engages the whole in the reparation of it。 So that under this
  consideration the whole community is one body in the state of Nature
  in respect of all other states or persons out of its community。
  146。 This; therefore; contains the power of war and peace; leagues
  and alliances; and all the transactions with all persons and
  communities without the commonwealth; and may be called federative
  if any one pleases。 So the thing be understood; I am indifferent as to
  the name。
  147。 These two powers; executive and federative; though they be
  really distinct in themselves; yet one comprehending the execution
  of the municipal laws of the society within itself upon all that are
  parts of it; the other the management of the security and interest
  of the public without with all those that it may receive benefit or
  damage from; yet they are always almost united。 And though this
  federative power in the well or ill management of it be of great
  moment to the commonwealth; yet it is much less capable to be directed
  by antecedent; standing; positive laws than the executive; and so must
  necessarily be left to the prudence and wisdom of those whose hands it
  is in; to be managed for the public good。 For the laws that concern
  subjects one amongst another; being to direct their actions; may
  well enough precede them。 But what is to be done in reference to
  foreigners depending much upon their actions; and the variation of
  designs and interests; must be left in great part to the prudence of
  those who have this power committed to them; to be managed by the best
  of their skill for the advantage of the commonwealth。
  148。 Though; as I said; the executive and federative power of
  every community be really distinct in themselves; yet they are
  hardly to be separated and placed at the same time in the hands of
  distinct persons。 For both of them requiring the force of the
  society for their exercise; it is almost impracticable to place the
  force of the commonwealth in distinct and not subordinate hands; or
  that the executive and federative power should be placed in persons
  that might act separately; whereby the force of the public would be
  under different commands; which would b