第 7 节
作者:嘟嘟      更新:2021-04-30 16:07      字数:9322
  whom wealth is likely to continue longer in the same families。
  Birth and fortune are evidently the two circumstances which
  principally set one man above another。 They are the two great
  sources of personal distinction; and are therefore the principal
  causes which naturally establish authority and subordination
  among men。 Among nations of shepherds both those causes operate
  with their full force。 The great shepherd or herdsman; respected
  on account of his great wealth; and of the great number of those
  who depend upon him for subsistence; and revered on account of
  the nobleness of his birth; and of the immemorial antiquity of
  his illustrious family; has a natural authority over all the
  inferior shepherds or herdsmen of his horde or clan。 He can
  command the united force of a greater number of people than any
  of them。 His military power is greater than that of any of them。
  In time of war they are all of them naturally disposed to muster
  themselves under his banner; rather than under that of any other
  person; and his birth and fortune thus naturally procure to him
  some sort of executive power。 By commanding; too; the united
  force of a greater number of people than any of them; he is best
  able to compel any one of them who may have injured another to
  compensate the wrong。 He is the person; therefore; to whom all
  those who are too weak to defend themselves naturally look up for
  protection。 It is to him that they naturally complain of the
  injuries which they imagine have been done to them; and his
  interposition in such cases is more easily submitted to; even by
  the person complained of; than that of any other person would be。
  His birth and fortune thus naturally procure him some sort of
  judicial authority。
  It is in the age of shepherds; in the second period of
  society; that the inequality of fortune first begins to take
  place; and introduces among men a degree of authority and
  subordination which could not possibly exist before。 It thereby
  introduces some degree of that civil government which is
  indispensably necessary for its own preservation: and it seems to
  do this naturally; and even independent of the consideration of
  that necessity。 The consideration of that necessity comes no
  doubt afterwards to contribute very much to maintain and secure
  that authority and subordination。 The rich; in particular; are
  necessarily interested to support that order of things which can
  alone secure them in the possession of their own advantages。 Men
  of inferior wealth combine to defend those of superior wealth in
  the possession of their property; in order that men of superior
  wealth may combine to defend them in the possession of theirs。
  All the inferior shepherds and herdsmen feel that the security of
  their own herds and flocks depends upon the security of those of
  the great shepherd or herdsman; that the maintenance of their
  lesser authority depends upon that of his greater authority; and
  that upon their subordination to him depends his power of keeping
  their inferiors in subordination to them。 They constitute a sort
  of little nobility; who feel themselves interested to defend the
  property and to support the authority of their own little
  sovereign in order that he may be able to defend their property
  and to support their authority。 Civil government; so far as it is
  instituted for the security of property; is in reality instituted
  for the defence of the rich against the poor; or of those who
  have some property against those who have none at all。
  The judicial authority of such a sovereign; however; far
  from being a cause of expense; was for a long time a source of
  revenue to him。 The persons who applied to him for justice were
  always willing to pay for it; and a present never failed to
  accompany a petition。 After the authority of the sovereign; too;
  was thoroughly established; the person found guilty; over and
  above the satisfaction which he was obliged to make to the party;
  was likewise forced to pay an amercement to the sovereign。 He had
  given trouble; he had disturbed; he had broke the peace of his
  lord the king; and for those offences an amercement was thought
  due。 In the Tartar governments of Asia; in the governments of
  Europe which were founded by the German and Scythian nations who
  overturned the Roman empire; the administration of justice was a
  considerable source of revenue; both to the sovereign and to all
  the lesser chiefs or lords who exercised under him any particular
  jurisdiction; either over some particular tribe or clan; or over
  some particular territory or district。 Originally both the
  sovereign and the inferior chiefs used to exercise this
  jurisdiction in their own persons。 Afterwards they universally
  found it convenient to delegate it to some substitute; bailiff;
  or judge。 This substitute; however; was still obliged to account
  to his principal or constituent for the profits of the
  jurisdiction。 Whoever reads the instructions which were given to
  the judges of the circuit in the time of Henry II will see
  clearly that those judges were a sort of itinerant factors; sent
  round the country for the purpose of levying certain branches of
  the king's revenue。 In those days the administration of justice
  not only afforded a certain revenue to the sovereign; but to
  procure this revenue seems to have been one of the principal
  advantages which he proposed to obtain by the administration of
  justice。
  This scheme of making the administration of justice
  subservient to the purposes of revenue could scarce fail to be
  productive of several very gross abuses。 The person who applied
  for justice with a large present in his hand was likely to get
  something more than justice; while he who applied for it with a
  small one was likely to get something less。 Justice; too; might
  frequently be delayed in order that this present might be
  repeated。 The amercement; besides; of the person complained of;
  might frequently suggest a very strong reason for finding him in
  the wrong; even when he had not really been so。 That such abuses
  were far from being uncommon the ancient history of every country
  in Europe bears witness。
  When the sovereign or chief exercised his judicial authority
  in his own person; how much soever he might abuse it; it must
  have been scarce possible to get any redress; because there could
  seldom be anybody powerful enough to call him to account。 When he
  exercised it by a bailiff; indeed; redress might sometimes be
  had。 If it was for his own benefit only that the bailiff had been
  guilty of any act of injustice; the sovereign himself might not
  always be unwilling to punish him; or to oblige him to repair the
  wrong。 But if it was for the benefit of his sovereign; if it was
  in order to make court to the person who appointed him and who
  might prefer him; that he had committed any act of oppression;
  redress would upon most occasions be as impossible as if the
  sovereign had committed it himself。 In all barbarous governments;
  accordingly; in all those ancient governments of Europe in
  particular which were founded upon the ruins of the Roman empire;
  the administration of justice appears for a long time to have
  been extremely corrupt; far from being quite equal and impartial
  even under the best monarchs; and altogether profligate under the
  worst。
  Among nations of shepherds; where the sovereign or chief is
  only the greatest shepherd or herdsman of the horde or clan; he
  is maintained in the same manner as any of his vassals or
  subjects; by the increase of his own herds or flocks。 Among those
  nations of husbandmen who are but just come out of the shepherd
  state; and who are not much advanced beyond that state; such as
  the Greek tribes appear to have been about the time of the Trojan
  war; and our German and Scythian ancestors when they first
  settled upon the ruins of the western empire; the sovereign or
  chief is; in the same manner; only the greatest landlord of the
  country; and is maintained; in the same manner as any other
  landlord; by a revenue derived from his own private estate; or
  from what; in modern Europe; was called the demesne of the crown。
  His subjects; upon ordinary occasions; contributed nothing to his
  support; except when; in order to protect them from the
  oppression of some of their fellow…subjects; they stand in need
  of his authority。 The presents which they make him upon such
  occasions constitute the whole ordinary revenue; the whole of the
  emoluments which; except perhaps upon some very extraordinary
  emergencies; he derives from his dominion over them。 When
  Agamemnon; in Homer; offers to Achilles for his friendship the
  sovereignty of seven Greek cities; the sole advantage which he
  mentions as likely to be derived from it was that the people
  would honour him with presents。 As long as such presents; as long
  as the emoluments of justice; or what may be called the fees of
  court; constituted in this manner the w