第 26 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  would be robbery on my side。 His force; and the state of war he put
  himself in; made him forfeit his life; but gave me no title to his
  goods。 The right; then; of conquest extends only to the lives of those
  who joined in the war; but not to their estates; but only in order
  to make reparation for the damages received and the charges of the
  war; and that; too; with reservation of the right of the innocent wife
  and children。
  183。 Let the conqueror have as much justice on his side as could
  be supposed; he has no right to seize more than the vanquished could
  forfeit; his life is at the victor's mercy; and his service and
  goods he may appropriate to make himself reparation; but he cannot
  take the goods of his wife and children; they too had a title to the
  goods he enjoyed; and their shares in the estate he possessed。 For
  example; I in the state of Nature (and all commonwealths are in the
  state of Nature one with another) have injured another man; and
  refusing to give satisfaction; it is come to a state of war wherein my
  defending by force what I had gotten unjustly makes me the
  aggressor。 I am conquered; my life; it is true; as forfeit; is at
  mercy; but not my wife's and children's。 They made not the war; nor
  assisted in it。 I could not forfeit their lives; they were not mine to
  forfeit。 My wife had a share in my estate; that neither could I
  forfeit。 And my children also; being born of me; had a right to be
  maintained out of my labour or substance。 Here then is the case: The
  conqueror has a title to reparation for damages received; and the
  children have a title to their father's estate for their
  subsistence。 For as to the wife's share; whether her own labour or
  compact gave her a title to it; it is plain her husband could not
  forfeit what was hers。 What must be done in the case? I answer: The
  fundamental law of Nature being that all; as much as may be; should be
  preserved; it follows that if there be not enough fully to satisfy
  both… viz。; for the conqueror's losses and children's maintenance;
  he that hath and to spare must remit something of his full
  satisfaction; and give way to the pressing and preferable title of
  those who are in danger to perish without it。
  184。 But supposing the charge and damages of the war are to be
  made up to the conqueror to the utmost farthing; and that the children
  of the vanquished; spoiled of all their father's goods; are to be left
  to starve and perish; yet the satisfying of what shall; on this score;
  be due to the conqueror will scarce give him a title to any country he
  shall conquer。 For the damages of war can scarce amount to the value
  of any considerable tract of land in any part of the world; where
  all the land is possessed; and none lies waste。 And if I have not
  taken away the conqueror's land which; being vanquished; it is
  impossible I should; scarce any other spoil I have done him can amount
  to the value of mine; supposing it of an extent any way coming near
  what I had overrun of his; and equally cultivated too。 The destruction
  of a year's product or two (for it seldom reaches four or five) is the
  utmost spoil that usually can be done。 For as to money; and such
  riches and treasure taken away; these are none of Nature's goods; they
  have but a phantastical imaginary value; Nature has put no such upon
  them。 They are of no more account by her standard than the
  Wampompeke of the Americans to an European prince; or the silver money
  of Europe would have been formerly to an American。 And five years'
  product is not worth the perpetual inheritance of land; where all is
  possessed and none remains waste; to be taken up by him that is
  disseised; which will be easily granted; if one do but take away the
  imaginary value of money; the disproportion being more than between
  five and five thousand; though; at the same time; half a year's
  product is more worth than the inheritance where; there being more
  land than the inhabitants possess and make use of; any one has liberty
  to make use of the waste。 But their conquerors take little care to
  possess themselves of the lands of the vanquished。 No damage therefore
  that men in the state of Nature (as all princes and governments are in
  reference to one another) suffer from one another can give a conqueror
  power to dispossess the posterity of the vanquished; and turn them out
  of that inheritance which ought to be the possession of them and their
  descendants to all generations。 The conqueror indeed will be apt to
  think himself master; and it is the very condition of the subdued
  not to be able to dispute their right。 But; if that be all; it gives
  no other title than what bare force gives to the stronger over the
  weaker; and; by this reason; he that is strongest will have a right to
  whatever he pleases to seize on。
  185。 Over those; then; that joined with him in the war; and over
  those of the subdued country that opposed him not; and the posterity
  even of those that did; the conqueror; even in a just war; hath; by
  his conquest; no right of dominion。 They are free from any
  subjection to him; and if their former government be dissolved; they
  are at liberty to begin and erect another to themselves。
  186。 The conqueror; it is true; usually by the force he has over
  them; compels them; with a sword at their breasts; to stoop to his
  conditions; and submit to such a government as he pleases to afford
  them; but the inquiry is; what right he has to do so? If it be said
  they submit by their own consent; then this allows their own consent
  to be necessary to give the conqueror a title to rule over them。 It
  remains only to be considered whether promises; extorted by force;
  without right; can be thought consent; and how far they bind。 To which
  I shall say; they bind not at all; because whatsoever another gets
  from me by force; I still retain the right of; and he is obliged
  presently to restore。 He that forces my horse from me ought
  presently to restore him; and I have still a right to retake him。 By
  the same reason; he that forced a promise from me ought presently to
  restore it… i。e。; quit me of the obligation of it; or I may resume
  it myself… i。e。; choose whether I will perform it。 For the law of
  Nature laying an obligation on me; only by the rules she prescribes;
  cannot oblige me by the violation of her rules; such is the
  extorting anything from me by force。 Nor does it at all alter the
  case; to say I gave my promise; no more than it excuses the force; and
  passes the right; when I put my hand in my pocket and deliver my purse
  myself to a thief who demands it with a pistol at my breast。
  187。 From all which it follows that the government of a conqueror;
  imposed by force on the subdued; against whom he had no right of
  war; or who joined not in the war against him; where he had right; has
  no obligation upon them。
  188。 But let us suppose that all the men of that community being all
  members of the same body politic; may be taken to have joined in
  that unjust war; wherein they are subdued; and so their lives are at
  the mercy of the conqueror。
  189。 I say this concerns not their children who are in their
  minority。 For since a father hath not; in himself; a power over the
  life or liberty of his child; no act of his can possibly forfeit it;
  so that the children; whatever may have happened to the fathers; are
  free men; and the absolute power of the conqueror reaches no farther
  than the persons of the men that were subdued by him; and dies with
  them; and should he govern them as slaves; subjected to his
  absolute; arbitrary power; he has no such right of dominion over their
  children。 He can have no power over them but by their own consent;
  whatever he may drive them to say or do; and he has no lawful
  authority; whilst force; and not choice; compels them to submission。
  190。 Every man is born with a double right。 First; a right of
  freedom to his person; which no other man has a power over; but the
  free disposal of it lies in himself。 Secondly; a right before any
  other man; to inherit; with his brethren; his father's goods。
  191。 By the first of these; a man is naturally free from
  subjection to any government; though he be born in a place under its
  jurisdiction。 But if he disclaim the lawful government of the
  country he was born in; he must also quit the right that belonged to
  him; by the laws of it; and the possessions there descending to him
  from his ancestors; if it were a government made by their consent。
  192。 By the second; the inhabitants of any country; who are
  descended and derive a title to their estates from those who are
  subdued; and had a government forced upon them; against their free
  consents; retain a right to the possession of their ancestors;
  though they consent not freely to the government; whose hard
  conditions were; by force; imposed on the possessors of that
  country。 For the first conqueror never having had a title to the
  land of that country; the people; who are the descendants of; or claim
  under those who were forced to submit to the yoke of a government by
  constraint; have always a right to shake it off; an