第 30 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9321
  it is not a certain number of men… no; nor their meeting; unless
  they have also freedom of debating and leisure of perfecting what is
  for the good of the society; wherein the legislative consists; when
  these are taken away; or altered; so as to deprive the society of
  the due exercise of their power; the legislative is truly altered。 For
  it is not names that constitute governments; but the use and
  exercise of those powers that were intended to accompany them; so that
  he who takes away the freedom; or hinders the acting of the
  legislative in its due seasons; in effect takes away the
  legislative; and puts an end to the government。
  216。 Thirdly; when; by the arbitrary power of the prince; the
  electors or ways of election are altered without the consent and
  contrary to the common interest of the people; there also the
  legislative is altered。 For if others than those whom the society hath
  authorised thereunto do choose; or in another way than what the
  society hath prescribed; those chosen are not the legislative
  appointed by the people。
  217。 Fourthly; the delivery also of the people into the subjection
  of a foreign power; either by the prince or by the legislative; is
  certainly a change of the legislative; and so a dissolution of the
  government。 For the end why people entered into society being to be
  preserved one entire; free; independent society to be governed by
  its own laws; this is lost whenever they are given up into the power
  of another。
  218。 Why; in such a constitution as this; the dissolution of the
  government in these cases is to be imputed to the prince is evident;
  because he; having the force; treasure; and offices of the State to
  employ; and often persuading himself or being flattered by others;
  that; as supreme magistrate; he is incapable of control; he alone is
  in a condition to make great advances towards such changes under
  pretence of lawful authority; and has it in his hands to terrify or
  suppress opposers as factious; seditious; and enemies to the
  government; whereas no other part of the legislative; or people; is
  capable by themselves to attempt any alteration of the legislative
  without open and visible rebellion; apt enough to be taken notice
  of; which; when it prevails; produces effects very little different
  from foreign conquest。 Besides; the prince; in such a form of
  government; having the power of dissolving the other parts of the
  legislative; and thereby rendering them private persons; they can
  never; in opposition to him; or without his concurrence; alter the
  legislative by a law; his consent being necessary to give any of their
  decrees that sanction。 But yet so far as the other parts of the
  legislative any way contribute to any attempt upon the government; and
  do either promote; or not; what lies in them; hinder such designs;
  they are guilty; and partake in this; which is certainly the
  greatest crime men can be guilty of one towards another。
  219。 There is one way more whereby such a government may be
  dissolved; and that is: When he who has the supreme executive power
  neglects and abandons that charge; so that the laws already made can
  no longer be put in execution; this is demonstratively to reduce all
  to anarchy; and so effectively to dissolve the government。 For laws
  not being made for themselves; but to be; by their execution; the
  bonds of the society to keep every part of the body politic in its due
  place and function。 When that totally ceases; the government visibly
  ceases; and the people become a confused multitude without order or
  connection。 Where there is no longer the administration of justice for
  the securing of men's rights; nor any remaining power within the
  community to direct the force; or provide for the necessities of the
  public; there certainly is no government left。 Where the laws cannot
  be executed it is all one as if there were no laws; and a government
  without laws is; I suppose; a mystery in politics inconceivable to
  human capacity; and inconsistent with human society。
  220。 In these; and the like cases; when the government is dissolved;
  the people are at liberty to provide for themselves by erecting a
  new legislative differing from the other by the change of persons;
  or form; or both; as they shall find it most for their safety and
  good。 For the society can never; by the fault of another; lose the
  native and original right it has to preserve itself; which can only be
  done by a settled legislative and a fair and impartial execution of
  the laws made by it。 But the state of mankind is not so miserable that
  they are not capable of using this remedy till it be too late to
  look for any。 To tell people they may provide for themselves by
  erecting a new legislative; when; by oppression; artifice; or being
  delivered over to a foreign power; their old one is gone; is only to
  tell them they may expect relief when it is too late; and the evil
  is past cure。 This is; in effect; no more than to bid them first be
  slaves; and then to take care of their liberty; and; when their chains
  are on; tell them they may act like free men。 This; if barely so; is
  rather mockery than relief; and men can never be secure from tyranny
  if there be no means to escape it till they are perfectly under it;
  and; therefore; it is that they have not only a right to get out of
  it; but to prevent it。
  221。 There is; therefore; secondly; another way whereby
  governments are dissolved; and that is; when the legislative; or the
  prince; either of them act contrary to their trust。
  For the legislative acts against the trust reposed in them when they
  endeavour to invade the property of the subject; and to make
  themselves; or any part of the community; masters or arbitrary
  disposers of the lives; liberties; or fortunes of the people。
  222。 The reason why men enter into society is the preservation of
  their property; and the end while they choose and authorise a
  legislative is that there may be laws made; and rules set; as guards
  and fences to the properties of all the society; to limit the power
  and moderate the dominion of every part and member of the society。 For
  since it can never be supposed to be the will of the society that
  the legislative should have a power to destroy that which every one
  designs to secure by entering into society; and for which the people
  submitted themselves to legislators of their own making: whenever
  the legislators endeavour to take away and destroy the property of the
  people; or to reduce them to slavery under arbitrary power; they put
  themselves into a state of war with the people; who are thereupon
  absolved from any farther obedience; and are left to the common refuge
  which God hath provided for all men against force and violence。
  Whensoever; therefore; the legislative shall transgress this
  fundamental rule of society; and either by ambition; fear; folly; or
  corruption; endeavour to grasp themselves; or put into the hands of
  any other; an absolute power over the lives; liberties; and estates of
  the people; by this breach of trust they forfeit the power the
  people had put into their hands for quite contrary ends; and it
  devolves to the people; who have a right to resume their original
  liberty; and by the establishment of a new legislative (such as they
  shall think fit); provide for their own safety and security; which
  is the end for which they are in society。 What I have said here
  concerning the legislative in general holds true also concerning the
  supreme executor; who having a double trust put in him; both to have a
  part in the legislative and the supreme execution of the law; acts
  against both; when he goes about to set up his own arbitrary will as
  the law of the society。 He acts also contrary to his trust when he
  employs the force; treasure; and offices of the society to corrupt the
  representatives and gain them to his purposes; when he openly
  pre…engages the electors; and prescribes; to their choice; such whom
  he has; by solicitation; threats; promises; or otherwise; won to his
  designs; and employs them to bring in such who have promised
  beforehand what to vote and what to enact。 Thus to regulate candidates
  and electors; and new model the ways of election; what is it but to
  cut up the government by the roots; and poison the very fountain of
  public security? For the people having reserved to themselves the
  choice of their representatives as the fence to their properties;
  could do it for no other end but that they might always be freely
  chosen; and so chosen; freely act and advise as the necessity of the
  commonwealth and the public good should; upon examination and mature
  debate; be judged to require。 This; those who give their votes
  before they hear the debate; and have weighed the reasons on all
  sides; are not capable of doing。 To prepare such an assembly as
  this; and endeavour to set up the declared abettors of his own will;
  for the true representatives of the people; and the law…makers of
  the society; is certainly as great a breach of trust; and as perfect a
  declaration of a design to subvert the government; as is possible to