第 25 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  weak hands of justice in this world; and have the power in their own
  possession which should punish offenders。 What is my remedy against
  a robber that so broke into my house? Appeal to the law for justice。
  But perhaps justice is denied; or I am crippled and cannot stir;
  robbed; and have not the means to do it。 If God has taken away all
  means of seeking remedy; there is nothing left but patience。 But my
  son; when able; may seek the relief of the law; which I am denied;
  he or his son may renew his appeal till he recover his right。 But
  the conquered; or their children; have no court… no arbitrator on
  earth to appeal to。 Then they may appeal; as Jephtha did; to Heaven;
  and repeat their appeal till they have recovered the native right of
  their ancestors; which was to have such a legislative over them as the
  majority should approve and freely acquiesce in。 If it be objected
  this would cause endless trouble; I answer; no more than justice does;
  where she lies open to all that appeal to her。 He that troubles his
  neighbour without a cause is punished for it by the justice of the
  court he appeals to。 And he that appeals to Heaven must be sure he has
  right on his side; and a right; too; that is worth the trouble and
  cost of the appeal; as he will answer at a tribunal that cannot be
  deceived; and will be sure to retribute to every one according to
  the mischiefs he hath created to his fellow…subjects… that is; any
  part of mankind。 From whence it is plain that he that conquers in an
  unjust war can thereby have no title to the subjection and obedience
  of the conquered。
  177。 But supposing victory favours the right side; let us consider a
  conqueror in a lawful war; and see what power he gets; and over whom。
  First; it is plain he gets no power by his conquest over those
  that conquered with him。 They that fought on his side cannot suffer by
  the conquest; but must; at least; be as much free men as they were
  before。 And most commonly they serve upon terms; and on condition to
  share with their leader; and enjoy a part of the spoil and other
  advantages that attend the conquering sword; or; at least; have a part
  of the subdued country bestowed upon them。 And the conquering people
  are not; I hope; to be slaves by conquest; and wear their laurels only
  to show they are sacrifices to their leader's triumph。 They that found
  absolute monarchy upon the title of the sword make their heroes; who
  are the founders of such monarchies; arrant 〃draw…can…sirs;〃 and
  forget they had any officers and soldiers that fought on their side in
  the battles they won; or assisted them in the subduing; or shared in
  possessing the countries they mastered。 We are told by some that the
  English monarchy is founded in the Norman Conquest; and that our
  princes have thereby a title to absolute dominion; which; if it were
  true (as by the history it appears otherwise); and that William had
  a right to make war on this island; yet his dominion by conquest could
  reach no farther than to the Saxons and Britons that were then
  inhabitants of this country。 The Normans that came with him and helped
  to conquer; and all descended from them; are free men and no
  subjects by conquest; let that give what dominion it will。 And if I or
  anybody else shall claim freedom as derived from them; it will be very
  hard to prove the contrary; and it is plain; the law that has made
  no distinction between the one and the other intends not there
  should be any difference in their freedom or privileges。
  178。 But supposing; which seldom happens; that the conquerors and
  conquered never incorporate into one people under the same laws and
  freedom; let us see next what power a lawful conqueror has over the
  subdued; and that I say is purely despotical。 He has an absolute power
  over the lives of those who; by an unjust war; have forfeited them;
  but not over the lives or fortunes of those who engaged not in the
  war; nor over the possessions even of those who were actually
  engaged in it。
  179。 Secondly; I say; then; the conqueror gets no power but only
  over those who have actually assisted; concurred; or consented to that
  unjust force that is used against him。 For the people having given
  to their governors no power to do an unjust thing; such as is to
  make an unjust war (for they never had such a power in themselves);
  they ought not to be charged as guilty of the violence and injustice
  that is committed in an unjust war any farther than they actually abet
  it; no more than they are to be thought guilty of any violence or
  oppression their governors should use upon the people themselves or
  any part of their fellow…subjects; they having empowered them no
  more to the one than to the other。 Conquerors; it is true; seldom
  trouble themselves to make the distinction; but they willingly
  permit the confusion of war to sweep all together; but yet this alters
  not the right; for the conqueror's power over the lives of the
  conquered being only because they have used force to do or maintain an
  injustice; he can have that power only over those who have concurred
  in that force; all the rest are innocent; and he has no more title
  over the people of that country who have done him no injury; and so
  have made no forfeiture of their lives; than he has over any other
  who; without any injuries or provocations; have lived upon fair
  terms with him。
  180。 Thirdly; the power a conqueror gets over those he overcomes
  in a just war is perfectly despotical; he has an absolute power over
  the lives of those who; by putting themselves in a state of war;
  have forfeited them; but he has not thereby a right and title to their
  possessions。 This I doubt not but at first sight will seem a strange
  doctrine; it being so quite contrary to the practice of the world;
  there being nothing more familiar in speaking of the dominion of
  countries than to say such an one conquered it; as if conquest;
  without any more ado; conveyed a right of possession。 But when we
  consider that the practice of the strong and powerful; how universal
  soever it may be; is seldom the rule of right; however it be one
  part of the subjection of the conquered not to argue against the
  conditions cut out to them by the conquering swords。
  181。 Though in all war there be usually a complication of force
  and damage; and the aggressor seldom fails to harm the estate when
  he uses force against the persons of those he makes war upon; yet it
  is the use of force only that puts a man into the state of war。 For
  whether by force he begins the injury; or else having quietly and by
  fraud done the injury; he refuses to make reparation; and by force
  maintains it; which is the same thing as at first to have done it by
  force; it is the unjust use of force that makes the war。 For he that
  breaks open my house and violently turns me out of doors; or having
  peaceably got in; by force keeps me out; does; in effect; the same
  thing; supposing we are in such a state that we have no common judge
  on earth whom I may appeal to; and to whom we are both obliged to
  submit; for of such I am now speaking。 It is the unjust use of
  force; then; that puts a man into the state of war with another; and
  thereby he that is guilty of it makes a forfeiture of his life。 For
  quitting reason; which is the rule given between man and man; and
  using force; the way of beasts; he becomes liable to be destroyed by
  him he uses force against; as any savage ravenous beast that is
  dangerous to his being。
  182。 But because the miscarriages of the father are no faults of the
  children; who may be rational and peaceable; notwithstanding the
  brutishness and injustice of the father; the father; by his
  miscarriages and violence; can forfeit but his own life; and
  involves not his children in his guilt or destruction。 His goods which
  Nature; that willeth the preservation of all mankind as much as is
  possible; hath made to belong to the children to keep them from
  perishing; do still continue to belong to his children。 For
  supposing them not to have joined in the war either through infancy or
  choice; they have done nothing to forfeit them; nor has the
  conqueror any right to take them away by the bare right of having
  subdued him that by force attempted his destruction; though;
  perhaps; he may have some right to them to repair the damages he has
  sustained by the war; and the defence of his own right; which how
  far it reaches to the possessions of the conquered we shall see
  by…and…by; so that he that by conquest has a right over a man's
  person; to destroy him if he pleases; has not thereby a right over his
  estate to possess and enjoy it。 For it is the brutal force the
  aggressor has used that gives his adversary a right to take away his
  life and destroy him; if he pleases; as a noxious creature; but it
  is damage sustained that alone gives him title to another man's goods;
  for though I may kill a thief that sets on me in the highway; yet I
  may not (which seems less) take away his money and let him go; this
  would be robbery on my side。 His force; and the state of war he put
  himself in; made him forfeit his li