第 24 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9321
  by a law antecedent and paramount to all positive laws of men; whether
  they have just cause to make their appeal to Heaven。 And this
  judgement they cannot part with; it being out of a man's power so to
  submit himself to another as to give him a liberty to destroy him; God
  and Nature never allowing a man so to abandon himself as to neglect
  his own preservation。 And since he cannot take away his own life;
  neither can he give another power to take it。 Nor let any one think
  this lays a perpetual foundation for disorder; for this operates not
  till the inconvenience is so great that the majority feel it; and
  are weary of it; and find a necessity to have it amended。 And this the
  executive power; or wise princes; never need come in the danger of;
  and it is the thing of all others they have most need to avoid; as; of
  all others; the most perilous。
  Chapter XV
  Of Paternal; Political and Despotical Power;
  Considered Together
  169。 THOUGH I have had occasion to speak of these separately before;
  yet the great mistakes of late about government having; as I
  suppose; arisen from confounding these distinct powers one with
  another; it may not perhaps be amiss to consider them here together。
  170。 First; then; paternal or parental power is nothing but that
  which parents have over their children to govern them; for the
  children's good; till they come to the use of reason; or a state of
  knowledge; wherein they may be supposed capable to understand that
  rule; whether it be the law of Nature or the municipal law of their
  country; they are to govern themselves by… capable; I say; to know it;
  as well as several others; who live as free men under that law。 The
  affection and tenderness God hath planted in the breasts of parents
  towards their children makes it evident that this is not intended to
  be a severe arbitrary government; but only for the help;
  instruction; and preservation of their offspring。 But happen as it
  will; there is; as I have proved; no reason why it should be thought
  to extend to life and death; at any time; over their children; more
  than over anybody else; or keep the child in subjection to the will of
  his parents when grown to a man and the perfect use of reason; any
  farther than as having received life and education from his parents
  obliges him to respect; honour; gratitude; assistance; and support;
  all his life; to both father and mother。 And thus; it is true; the
  paternal is a natural government; but not at all extending itself to
  the ends and jurisdictions of that which is political。 The power of
  the father doth not reach at all to the property of the child; which
  is only in his own disposing。
  171。 Secondly; political power is that power which every man
  having in the state of Nature has given up into the hands of the
  society; and therein to the governors whom the society hath set over
  itself; with this express or tacit trust; that it shall be employed
  for their good and the preservation of their property。 Now this power;
  which every man has in the state of Nature; and which he parts with to
  the society in all such cases where the society can secure him; is
  to use such means for the preserving of his own property as he
  thinks good and Nature allows him; and to punish the breach of the law
  of Nature in others so as (according to the best of his reason) may
  most conduce to the preservation of himself and the rest of mankind;
  so that the end and measure of this power; when in every man's
  hands; in the state of Nature; being the preservation of all of his
  society… that is; all mankind in general… it can have no other end
  or measure; when in the hands of the magistrate; but to preserve the
  members of that society in their lives; liberties; and possessions;
  and so cannot be an absolute; arbitrary power over their lives and
  fortunes; which are as much as possible to be preserved; but a power
  to make laws; and annex such penalties to them as may tend to the
  preservation of the whole; by cutting off those parts; and those only;
  which are so corrupt that they threaten the sound and healthy; without
  which no severity is lawful。 And this power has its original only from
  compact and agreement and the mutual consent of those who make up
  the community。
  172。 Thirdly; despotical power is an absolute; arbitrary power one
  man has over another; to take away his life whenever he pleases; and
  this is a power which neither Nature gives; for it has made no such
  distinction between one man and another; nor compact can convey。 For
  man; not having such an arbitrary power over his own life; cannot give
  another man such a power over it; but it is the effect only of
  forfeiture which the aggressor makes of his own life when he puts
  himself into the state of war with another。 For having quitted reason;
  which God hath given to be the rule betwixt man and man; and the
  peaceable ways which that teaches; and made use of force to compass
  his unjust ends upon another where he has no right; he renders himself
  liable to be destroyed by his adversary whenever he can; as any
  other noxious and brutish creature that is destructive to his being。
  And thus captives; taken in a just and lawful war; and such only;
  are subject to a despotical power; which; as it arises not from
  compact; so neither is it capable of any; but is the state of war
  continued。 For what compact can be made with a man that is not
  master of his own life? What condition can he perform? And if he be
  once allowed to be master of his own life; the despotical; arbitrary
  power of his master ceases。 He that is master of himself and his own
  life has a right; too; to the means of preserving it; so that as
  soon as compact enters; slavery ceases; and he so far quits his
  absolute power and puts an end to the state of war who enters into
  conditions with his captive。
  173。 Nature gives the first of these… viz。; paternal power to
  parents for the benefit of their children during their minority; to
  supply their want of ability and understanding how to manage their
  property。 (By property I must be understood here; as in other
  places; to mean that property which men have in their persons as
  well as goods。) Voluntary agreement gives the second… viz。;
  political power to governors; for the benefit of their subjects; to
  secure them in the possession and use of their properties。 And
  forfeiture gives the third… despotical power to lords for their own
  benefit over those who are stripped of all property。
  174。 He that shall consider the distinct rise and extent; and the
  different ends of these several powers; will plainly see that paternal
  power comes as far short of that of the magistrate as despotical
  exceeds it; and that absolute dominion; however placed; is so far from
  being one kind of civil society that it is as inconsistent with it
  as slavery is with property。 Paternal power is only where minority
  makes the child incapable to manage his property; political where
  men have property in their own disposal; and despotical over such as
  have no property at all。
  Chapter XVI
  Of Conquest
  175。 THOUGH governments can originally have no other rise than
  that before mentioned; nor polities be founded on anything but the
  consent of the people; yet such have been the disorders ambition has
  filled the world with; that in the noise of war; which makes so
  great a part of the history of mankind; this consent is little taken
  notice of; and; therefore; many have mistaken the force of arms for
  the consent of the people; and reckon conquest as one of the originals
  of government。 But conquest is as far from setting up any government
  as demolishing a house is from building a new one in the place。
  Indeed; it often makes way for a new frame of a commonwealth by
  destroying the former; but; without the consent of the people; can
  never erect a new one。
  176。 That the aggressor; who puts himself into the state of war with
  another; and unjustly invades another man's right; can; by such an
  unjust war; never come to have a right over the conquered; will be
  easily agreed by all men; who will not think that robbers and
  pirates have a right of empire over whomsoever they have force
  enough to master; or that men are bound by promises which unlawful
  force extorts from them。 Should a robber break into my house; and;
  with a dagger at my throat; make me seal deeds to convey my estate
  to him; would this give him any title? Just such a title by his
  sword has an unjust conqueror who forces me into submission。 The
  injury and the crime is equal; whether committed by the wearer of a
  crown or some petty villain。 The title of the offender and the
  number of his followers make no difference in the offence; unless it
  be to aggravate it。 The only difference is; great robbers punish
  little ones to keep them in their obedience; but the great ones are
  rewarded with laurels and triumphs; because they are too big for the
  weak hands of justice in this world; and have the power in their