第 21 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9321
  that might act separately; whereby the force of the public would be
  under different commands; which would be apt some time or other to
  cause disorder and ruin。
  Chapter XIII
  Of the Subordination of the Powers of the Commonwealth
  149。 THOUGH in a constituted commonwealth standing upon its own
  basis and acting according to its own nature… that is; acting for
  the preservation of the community; there can be but one supreme power;
  which is the legislative; to which all the rest are and must be
  subordinate; yet the legislative being only a fiduciary power to act
  for certain ends; there remains still in the people a supreme power to
  remove or alter the legislative; when they find the legislative act
  contrary to the trust reposed in them。 For all power given with
  trust for the attaining an end being limited by that end; whenever
  that end is manifestly neglected or opposed; the trust must
  necessarily be forfeited; and the power devolve into the hands of
  those that gave it; who may place it anew where they shall think
  best for their safety and security。 And thus the community perpetually
  retains a supreme power of saving themselves from the attempts and
  designs of anybody; even of their legislators; whenever they shall
  be so foolish or so wicked as to lay and carry on designs against
  the liberties and properties of the subject。 For no man or society
  of men having a power to deliver up their preservation; or
  consequently the means of it; to the absolute will and arbitrary
  dominion of another; whenever any one shall go about to bring them
  into such a slavish condition; they will always have a right to
  preserve what they have not a power to part with; and to rid
  themselves of those who invade this fundamental; sacred; and
  unalterable law of self…preservation for which they entered into
  society。 And thus the community may be said in this respect to be
  always the supreme power; but not as considered under any form of
  government; because this power of the people can never take place till
  the government be dissolved。
  150。 In all cases whilst the government subsists; the legislative is
  the supreme power。 For what can give laws to another must needs be
  superior to him; and since the legislative is no otherwise legislative
  of the society but by the right it has to make laws for all the parts;
  and every member of the society prescribing rules to their actions;
  they are transgressed; the legislative must needs be the supreme;
  and all other powers in any members or parts of the society derived
  from and subordinate to it。
  151。 In some commonwealths where the legislative is not always in
  being; and the executive is vested in a single person who has also a
  share in the legislative; there that single person; in a very
  tolerable sense; may also be called supreme; not that he has in
  himself all the supreme power; which is that of law…making; but
  because he has in him the supreme execution from whom all inferior
  magistrates derive all their several subordinate powers; or; at least;
  the greatest part of them; having also no legislative superior to him;
  there being no law to be made without his consent; which cannot be
  expected should ever subject him to the other part of the legislative;
  he is properly enough in this sense supreme。 But yet it is to be
  observed that though oaths of allegiance and fealty are taken to
  him; it is not to him as supreme legislator; but as supreme executor
  of the law made by a joint power of him with others; allegiance
  being nothing but an obedience according to law; which; when he
  violates; he has no right to obedience; nor can claim it otherwise
  than as the public person vested with the power of the law; and so
  is to be considered as the image; phantom; or representative of the
  commonwealth; acted by the will of the society declared in its laws;
  and thus he has no will; no power; but that of the law。 But when he
  quits this representation; this public will; and acts by his own
  private will; he degrades himself; and is but a single private
  person without power and without will; the members owing no
  obedience but to the public will of the society。
  152。 The executive power placed anywhere but in a person that has
  also a share in the legislative is visibly subordinate and accountable
  to it; and may be at pleasure changed and displaced; so that it is not
  the supreme executive power that is exempt from subordination; but the
  supreme executive power vested in one; who having a share in the
  legislative; has no distinct superior legislative to be subordinate
  and accountable to; farther than he himself shall join and consent; so
  that he is no more subordinate than he himself shall think fit;
  which one may certainly conclude will be but very little。 Of other
  ministerial and subordinate powers in a commonwealth we need not
  speak; they being so multiplied with infinite variety in the different
  customs and constitutions of distinct commonwealths; that it is
  impossible to give a particular account of them all。 Only thus much
  which is necessary to our present purpose we may take notice of
  concerning them; that they have no manner of authority; any of them;
  beyond what is by positive grant and commission delegated to them; and
  are all of them accountable to some other power in the commonwealth。
  153。 It is not necessary… no; nor so much as convenient… that the
  legislative should be always in being; but absolutely necessary that
  the executive power should; because there is not always need of new
  laws to be made; but always need of execution of the laws that are
  made。 When the legislative hath put the execution of the laws they
  make into other hands; they have a power still to resume it out of
  those hands when they find cause; and to punish for any
  mal…administration against the laws。 The same holds also in regard
  of the federative power; that and the executive being both ministerial
  and subordinate to the legislative; which; as has been shown; in a
  constituted commonwealth is the supreme; the legislative also in
  this case being supposed to consist of several persons; for if it be a
  single person it cannot but be always in being; and so will; as
  supreme; naturally have the supreme executive power; together with the
  legislative; may assemble and exercise their legislative at the
  times that either their original constitution or their own adjournment
  appoints; or when they please; if neither of these hath appointed
  any time; or there be no other way prescribed to convoke them。 For the
  supreme power being placed in them by the people; it is always in
  them; and they may exercise it when they please; unless by their
  original constitution they are limited to certain seasons; or by an
  act of their supreme power they have adjourned to a certain time;
  and when that time comes they have a right to assemble and act again。
  154。 If the legislative; or any part of it; be of representatives;
  chosen for that time by the people; which afterwards return into the
  ordinary state of subjects; and have no share in the legislative but
  upon a new choice; this power of choosing must also be exercised by
  the people; either at certain appointed seasons; or else when they are
  summoned to it; and; in this latter case; the power of convoking the
  legislative is ordinarily placed in the executive; and has one of
  these two limitations in respect of time:… that either the original
  constitution requires their assembling and acting at certain
  intervals; and then the executive power does nothing but ministerially
  issue directions for their electing and assembling according to due
  forms; or else it is left to his prudence to call them by new
  elections when the occasions or exigencies of the public require the
  amendment of old or making of new laws; or the redress or prevention
  of any inconveniencies that lie on or threaten the people。
  155。 It may be demanded here; what if the executive power; being
  possessed of the force of the commonwealth; shall make use of that
  force to hinder the meeting and acting of the legislative; when the
  original constitution or the public exigencies require it? I say;
  using force upon the people; without authority; and contrary to the
  trust put in him that does so; is a state of war with the people;
  who have a right to reinstate their legislative in the exercise of
  their power。 For having erected a legislative with an intent they
  should exercise the power of making laws; either at certain set times;
  or when there is need of it; when they are hindered by any force
  from what is so necessary to the society; and wherein the safety and
  preservation of the people consists; the people have a right to remove
  it by force。 In all states and conditions the true remedy of force
  without authority is to oppose force to it。 The use of force without
  authority always puts him that uses it into a state of war as the
  aggressor; and renders him liable to be treated accordingly。
  156。 The power of assembling and dismissing the legislative;
  placed in the executive; gives