第 28 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9321
  procuring of the wealth and property of his people。〃 And again; in his
  speech to the Parliament; 1609; he hath these words: 〃The king binds
  himself; by a double oath; to the observation of the fundamental
  laws of his kingdom… tacitly; as by being a king; and so bound to
  protect; as well the people as the laws of his kingdom; and
  expressly by his oath at his coronation; so as every just king; in a
  settled kingdom; is bound to observe that paction made to his
  people; by his laws; in framing his government agreeable thereunto;
  according to that paction which God made with Noah after the deluge:
  'Hereafter; seed…time; and harvest; and cold; and heat; and summer;
  and winter; and day; and night; shall not cease while the earth
  remaineth。' And therefore a king; governing in a settled kingdom;
  leaves to be a king; and degenerates into a tyrant; as soon as he
  leaves off to rule according to his laws。〃 And a little after:
  〃Therefore; all kings that are not tyrants; or perjured; will be
  glad to bound themselves within the limits of their laws; and they
  that persuade them the contrary are vipers; pests; both against them
  and the commonwealth。〃 Thus; that learned king; who well understood
  the notions of things; makes the difference betwixt a king and a
  tyrant to consist only in this: that one makes the laws the bounds
  of his power and the good of the public the end of his government; the
  other makes all give way to his own will and appetite。
  201。 It is a mistake to think this fault is proper only to
  monarchies。 Other forms of government are liable to it as well as
  that; for wherever the power that is put in any hands for the
  government of the people and the preservation of their properties is
  applied to other ends; and made use of to impoverish; harass; or
  subdue them to the arbitrary and irregular commands of those that have
  it; there it presently becomes tyranny; whether those that thus use it
  are one or many。 Thus we read of the thirty tyrants at Athens; as well
  as one at Syracuse; and the intolerable dominion of the Decemviri at
  Rome was nothing better。
  202。 Wherever law ends; tyranny begins; if the law be transgressed
  to another's harm; and whosoever in authority exceeds the power
  given him by the law; and makes use of the force he has under his
  command to compass that upon the subject which the law allows not;
  ceases in that to be a magistrate; and acting without authority may be
  opposed; as any other man who by force invades the right of another。
  This is acknowledged in subordinate magistrates。 He that hath
  authority to seize my person in the street may be opposed as a thief
  and a robber if he endeavours to break into my house to execute a
  writ; notwithstanding that I know he has such a warrant and such a
  legal authority as will empower him to arrest me abroad。 And why
  this should not hold in the highest; as well as in the most inferior
  magistrate; I would gladly be informed。 Is it reasonable that the
  eldest brother; because he has the greatest part of his father's
  estate; should thereby have a right to take away any of his younger
  brothers' portions? Or that a rich man; who possessed a whole country;
  should from thence have a right to seize; when he pleased; the cottage
  and garden of his poor neighbour? The being rightfully possessed of
  great power and riches; exceedingly beyond the greatest part of the
  sons of Adam; is so far from being an excuse; much less a reason for
  rapine and oppression; which the endamaging another without
  authority is; that it is a great aggravation of it。 For exceeding
  the bounds of authority is no more a right in a great than a petty
  officer; no more justifiable in a king than a constable。 But so much
  the worse in him as that he has more trust put in him; is supposed;
  from the advantage of education and counsellors; to have better
  knowledge and less reason to do it; having already a greater share
  than the rest of his brethren。
  203。 May the commands; then; of a prince be opposed? May he be
  resisted; as often as any one shall find himself aggrieved; and but
  imagine he has not right done him? This will unhinge and overturn
  all polities; and instead of government and order; leave nothing but
  anarchy and confusion。
  204。 To this I answer: That force is to be opposed to nothing but to
  unjust and unlawful force。 Whoever makes any opposition in any other
  case draws on himself a just condemnation; both from God and man;
  and so no such danger or confusion will follow; as is often suggested。
  For…
  205。 First。 As in some countries the person of the prince by the law
  is sacred; and so whatever he commands or does; his person is still
  free from all question or violence; not liable to force; or any
  judicial censure or condemnation。 But yet opposition may be made to
  the illegal acts of any inferior officer or other commissioned by him;
  unless he will; by actually putting himself into a state of war with
  his people; dissolve the government; and leave them to that defence;
  which belongs to every one in the state of Nature。 For of such things;
  who can tell what the end will be? And a neighbour kingdom has
  showed the world an odd example。 In all other cases the sacredness
  of the person exempts him from all inconveniencies; whereby he is
  secure; whilst the government stands; from all violence and harm
  whatsoever; than which there cannot be a wiser constitution。 For the
  harm he can do in his own person not being likely to happen often; nor
  to extend itself far; nor being able by his single strength to subvert
  the laws nor oppress the body of the people; should any prince have so
  much weakness and ill…nature as to be willing to do it。 The
  inconveniency of some particular mischiefs that may happen sometimes
  when a heady prince comes to the throne are well recompensed by the
  peace of the public and security of the government in the person of
  the chief magistrate; thus set out of the reach of danger; it being
  safer for the body that some few private men should be sometimes in
  danger to suffer than that the head of the republic should be easily
  and upon slight occasions exposed。
  206。 Secondly。 But this privilege; belonging only to the king's
  person; hinders not but they may be questioned; opposed; and resisted;
  who use unjust force; though they pretend a commission from him
  which the law authorises not; as is plain in the case of him that
  has the king's writ to arrest a man which is a full commission from
  the king; and yet he that has it cannot break open a man's house to do
  it; nor execute this command of the king upon certain days nor in
  certain places; though this commission have no such exception in it;
  but they are the limitations of the law; which; if any one transgress;
  the king's commission excuses him not。 For the king's authority
  being given him only by the law; he cannot empower any one to act
  against the law; or justify him by his commission in so doing。 The
  commission or command of any magistrate where he has no authority;
  being as void and insignificant as that of any private man; the
  difference between the one and the other being that the magistrate has
  some authority so far and to such ends; and the private man has none
  at all; for it is not the commission but the authority that gives
  the right of acting; and against the laws there can be no authority。
  But notwithstanding such resistance; the king's person and authority
  are still both secured; and so no danger to governor or government。
  207。 Thirdly。 Supposing a government wherein the person of the chief
  magistrate is not thus sacred; yet this doctrine of the lawfulness
  of resisting all unlawful exercises of his power will not; upon
  every slight occasion; endanger him or embroil the government; for
  where the injured party may be relieved and his damages repaired by
  appeal to the law; there can be no pretence for force; which is only
  to be used where a man is intercepted from appealing to the law。 For
  nothing is to be accounted hostile force but where it leaves not the
  remedy of such an appeal。 and it is such force alone that puts him
  that uses it into a state of war; and makes it lawful to resist him。 A
  man with a sword in his hand demands my purse on the highway; when
  perhaps I have not 12d。 in my pocket。 This man I may lawfully kill。 To
  another I deliver L100 to hold only whilst I alight; which he
  refuses to restore me when I am got up again; but draws his sword to
  defend the possession of it by force。 I endeavour to retake it。 The
  mischief this man does me is a hundred; or possibly a thousand times
  more than the other perhaps intended me (whom I killed before he
  really did me any); and yet I might lawfully kill the one and cannot
  so much as hurt the other lawfully。 The reason whereof is plain;
  because the one using force which threatened my life; I could not have
  time to appeal to the law to secure it; and when it was gone it was
  too late to appeal。 The law could not restore life to my dead carcass。
  The loss was irreparable; which to prevent the law of Nature gave me a
  right to destroy him who