第 29 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  The loss was irreparable; which to prevent the law of Nature gave me a
  right to destroy him who had put himself into a state of war with me
  and threatened my destruction。 But in the other case; my life not
  being in danger; I might have the benefit of appealing to the law; and
  have reparation for my L100 that way。
  208。 Fourthly。 But if the unlawful acts done by the magistrate be
  maintained (by the power he has got); and the remedy; which is due
  by law; be by the same power obstructed; yet the right of resisting;
  even in such manifest acts of tyranny; will not suddenly; or on slight
  occasions; disturb the government。 For if it reach no farther than
  some private men's cases; though they have a right to defend
  themselves; and to recover by force what by unlawful force is taken
  from them; yet the right to do so will not easily engage them in a
  contest wherein they are sure to perish; it being as impossible for
  one or a few oppressed men to disturb the government where the body of
  the people do not think themselves concerned in it; as for a raving
  madman or heady malcontent to overturn a well…settled state; the
  people being as little apt to follow the one as the other。
  209。 But if either these illegal acts have extended to the
  majority of the people; or if the mischief and oppression has light
  only on some few; but in such cases as the precedent and
  consequences seem to threaten all; and they are persuaded in their
  consciences that their laws; and with them; their estates;
  liberties; and lives are in danger; and perhaps their religion too;
  how they will be hindered from resisting illegal force used against
  them I cannot tell。 This is an inconvenience; I confess; that
  attends all governments whatsoever; when the governors have brought it
  to this pass; to be generally suspected of their people; the most
  dangerous state they can possibly put themselves in; wherein they
  are the less to be pitied; because it is so easy to be avoided。 It
  being as impossible for a governor; if he really means the good of his
  people; and the preservation of them and their laws together; not to
  make them see and feel it; as it is for the father of a family not
  to let his children see he loves and takes care of them。
  210。 But if all the world shall observe pretences of one kind; and
  actions of another; arts used to elude the law; and the trust of
  prerogative (which is an arbitrary power in some things left in the
  prince's hand to do good; not harm; to the people) employed contrary
  to the end for which it was given; if the people shall find the
  ministers and subordinate magistrates chosen; suitable to such ends;
  and favoured or laid by proportionably as they promote or oppose them;
  if they see several experiments made of arbitrary power; and that
  religion underhand favoured; though publicly proclaimed against; which
  is readiest to introduce it; and the operators in it supported as much
  as may be; and when that cannot be done; yet approved still; and liked
  the better; and a long train of acting show the counsels all tending
  that way; how can a man any more hinder himself from being persuaded
  in his own mind which way things are going; or; from casting about how
  to save himself; than he could from believing the captain of a ship he
  was in was carrying him and the rest of the company to Algiers; when
  he found him always steering that course; though cross winds; leaks in
  his ship; and want of men and provisions did often force him to turn
  his course another way for some time; which he steadily returned to
  again as soon as the wind; weather; and other circumstances would
  let him?
  Chapter XIX
  Of the Dissolution of Government
  211。 HE that will; with any clearness; speak of the dissolution of
  government; ought in the first place to distinguish between the
  dissolution of the society and the dissolution of the government。 That
  which makes the community; and brings men out of the loose state of
  Nature into one politic society; is the agreement which every one
  has with the rest to incorporate and act as one body; and so be one
  distinct commonwealth。 The usual; and almost only way whereby this
  union is dissolved; is the inroad of foreign force making a conquest
  upon them。 For in that case (not being able to maintain and support
  themselves as one entire and independent body) the union belonging
  to that body; which consisted therein; must necessarily cease; and
  so every one return to the state he was in before; with a liberty to
  shift for himself and provide for his own safety; as he thinks fit; in
  some other society。 Whenever the society is dissolved; it is certain
  the government of that society cannot remain。 Thus conquerors'
  swords often cut up governments by the roots; and mangle societies
  to pieces; separating the subdued or scattered multitude from the
  protection of and dependence on that society which ought to have
  preserved them from violence。 The world is too well instructed in; and
  too forward to allow of this way of dissolving of governments; to need
  any more to be said of it; and there wants not much argument to
  prove that where the society is dissolved; the government cannot
  remain; that being as impossible as for the frame of a house to
  subsist when the materials of it are scattered and displaced by a
  whirlwind; or jumbled into a confused heap by an earthquake。
  212。 Besides this overturning from without; governments are
  dissolved from within:
  First。 When the legislative is altered; civil society being a
  state of peace amongst those who are of it; from whom the state of war
  is excluded by the umpirage which they have provided in their
  legislative for the ending all differences that may arise amongst
  any of them; it is in their legislative that the members of a
  commonwealth are united and combined together into one coherent living
  body。 This is the soul that gives form; life; and unity to the
  commonwealth; from hence the several members have their mutual
  influence; sympathy; and connection; and therefore when the
  legislative is broken; or dissolved; dissolution and death follows。
  For the essence and union of the society consisting in having one
  will; the legislative; when once established by the majority; has
  the declaring and; as it were; keeping of that will。 The
  constitution of the legislative is the first and fundamental act of
  society; whereby provision is made for the continuation of their union
  under the direction of persons and bonds of laws; made by persons
  authorised thereunto; by the consent and appointment of the people;
  without which no one man; or number of men; amongst them can have
  authority of making laws that shall be binding to the rest。 When any
  one; or more; shall take upon them to make laws whom the people have
  not appointed so to do; they make laws without authority; which the
  people are not therefore bound to obey; by which means they come again
  to be out of subjection; and may constitute to themselves a new
  legislative; as they think best; being in full liberty to resist the
  force of those who; without authority; would impose anything upon
  them。 Every one is at the disposure of his own will; when those who
  had; by the delegation of the society; the declaring of the public
  will; are excluded from it; and others usurp the place who have no
  such authority or delegation。
  213。 This being usually brought about by such in the commonwealth;
  who misuse the power they have; it is hard to consider it aright;
  and know at whose door to lay it; without knowing the form of
  government in which it happens。 Let us suppose; then; the
  legislative placed in the concurrence of three distinct persons:…
  First; a single hereditary person having the constant; supreme;
  executive power; and with it the power of convoking and dissolving the
  other two within certain periods of time。 Secondly; an assembly of
  hereditary nobility。 Thirdly; an assembly of representatives chosen;
  pro tempore; by the people。 Such a form of government supposed; it
  is evident:
  214。 First; that when such a single person or prince sets up his own
  arbitrary will in place of the laws which are the will of the
  society declared by the legislative; then the legislative is
  changed。 For that being; in effect; the legislative whose rules and
  laws are put in execution; and required to be obeyed; when other
  laws are set up; and other rules pretended and enforced than what
  the legislative; constituted by the society; have enacted; it is plain
  that the legislative is changed。 Whoever introduces new laws; not
  being thereunto authorised; by the fundamental appointment of the
  society; or subverts the old; disowns and overturns the power by which
  they were made; and so sets up a new legislative。
  215。 Secondly; when the prince hinders the legislative from
  assembling in its due time; or from acting freely; pursuant to those
  ends for which it was constituted; the legislative is altered。 For
  it is not a certain number of men… no; nor their meeting; unless
  they have also freedom of d