第 17 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9321
  of discretion; and then he is a free man; at liberty what government
  he will put himself under; what body politic he will unite himself to。
  For if an Englishman's son born in France be at liberty; and may do
  so; it is evident there is no tie upon him by his father being a
  subject of that kingdom; nor is he bound up by any compact of his
  ancestors; and why then hath not his son; by the same reason; the same
  liberty; though he be born anywhere else? Since the power that a
  father hath naturally over his children is the same wherever they be
  born; and the ties of natural obligations are not bounded by the
  positive limits of kingdoms and commonwealths。
  119。 Every man being; as has been showed; naturally free; and
  nothing being able to put him into subjection to any earthly power;
  but only his own consent; it is to be considered what shall be
  understood to be a sufficient declaration of a man's consent to make
  him subject to the laws of any government。 There is a common
  distinction of an express and a tacit consent; which will concern
  our present case。 Nobody doubts but an express consent of any man;
  entering into any society; makes him a perfect member of that society;
  a subject of that government。 The difficulty is; what ought to be
  looked upon as a tacit consent; and how far it binds… i。e。; how far
  any one shall be looked on to have consented; and thereby submitted to
  any government; where he has made no expressions of it at all。 And
  to this I say; that every man that hath any possession or enjoyment of
  any part of the dominions of any government doth hereby give his tacit
  consent; and is as far forth obliged to obedience to the laws of
  that government; during such enjoyment; as any one under it; whether
  this his possession be of land to him and his heirs for ever; or a
  lodging only for a week; or whether it be barely travelling freely
  on the highway; and; in effect; it reaches as far as the very being of
  any one within the territories of that government。
  120。 To understand this the better; it is fit to consider that every
  man when he at first incorporates himself into any commonwealth; he;
  by his uniting himself thereunto; annexes also; and submits to the
  community those possessions which he has; or shall acquire; that do
  not already belong to any other government。 For it would be a direct
  contradiction for any one to enter into society with others for the
  securing and regulating of property; and yet to suppose his land;
  whose property is to be regulated by the laws of the society; should
  be exempt from the jurisdiction of that government to which he
  himself; and the property of the land; is a subject。 By the same
  act; therefore; whereby any one unites his person; which was before
  free; to any commonwealth; by the same he unites his possessions;
  which were before free; to it also; and they become; both of them;
  person and possession; subject to the government and dominion of
  that commonwealth as long as it hath a being。 Whoever therefore;
  from thenceforth; by inheritance; purchases permission; or otherwise
  enjoys any part of the land so annexed to; and under the government of
  that commonweal; must take it with the condition it is under… that is;
  of submitting to the government of the commonwealth; under whose
  jurisdiction it is; as far forth as any subject of it。
  121。 But since the government has a direct jurisdiction only over
  the land and reaches the possessor of it (before he has actually
  incorporated himself in the society) only as he dwells upon and enjoys
  that; the obligation any one is under by virtue of such enjoyment to
  submit to the government begins and ends with the enjoyment; so that
  whenever the owner; who has given nothing but such a tacit consent
  to the government will; by donation; sale or otherwise; quit the
  said possession; he is at liberty to go and incorporate himself into
  any other commonwealth; or agree with others to begin a new one in
  vacuis locis; in any part of the world they can find free and
  unpossessed; whereas he that has once; by actual agreement and any
  express declaration; given his consent to be of any commonweal; is
  perpetually and indispensably obliged to be; and remain unalterably
  a subject to it; and can never be again in the liberty of the state of
  Nature; unless by any calamity the government he was under comes to be
  dissolved。
  122。 But submitting to the laws of any country; living quietly and
  enjoying privileges and protection under them; makes not a man a
  member of that society; it is only a local protection and homage due
  to and from all those who; not being in a state of war; come within
  the territories belonging to any government; to all parts whereof
  the force of its law extends。 But this no more makes a man a member of
  that society; a perpetual subject of that commonwealth; than it
  would make a man a subject to another in whose family he found it
  convenient to abide for some time; though; whilst he continued in
  it; he were obliged to comply with the laws and submit to the
  government he found there。 And thus we see that foreigners; by
  living all their lives under another government; and enjoying the
  privileges and protection of it; though they are bound; even in
  conscience; to submit to its administration as far forth as any
  denizen; yet do not thereby come to be subjects or members of that
  commonwealth。 Nothing can make any man so but his actually entering
  into it by positive engagement and express promise and compact。 This
  is that which; I think; concerning the beginning of political
  societies; and that consent which makes any one a member of any
  commonwealth。
  Chapter IX
  Of the Ends of Political Society and Government
  123。 IF man in the state of Nature be so free as has been said; if
  he be absolute lord of his own person and possessions; equal to the
  greatest and subject to nobody; why will he part with his freedom;
  this empire; and subject himself to the dominion and control of any
  other power? To which it is obvious to answer; that though in the
  state of Nature he hath such a right; yet the enjoyment of it is
  very uncertain and constantly exposed to the invasion of others; for
  all being kings as much as he; every man his equal; and the greater
  part no strict observers of equity and justice; the enjoyment of the
  property he has in this state is very unsafe; very insecure。 This
  makes him willing to quit this condition which; however free; is
  full of fears and continual dangers; and it is not without reason that
  he seeks out and is willing to join in society with others who are
  already united; or have a mind to unite for the mutual preservation of
  their lives; liberties and estates; which I call by the general
  name… property。
  124。 The great and chief end; therefore; of men uniting into
  commonwealths; and putting themselves under government; is the
  preservation of their property; to which in the state of Nature
  there are many things wanting。
  Firstly; there wants an established; settled; known law; received
  and allowed by common consent to be the standard of right and wrong;
  and the common measure to decide all controversies between them。 For
  though the law of Nature be plain and intelligible to all rational
  creatures; yet men; being biased by their interest; as well as
  ignorant for want of study of it; are not apt to allow of it as a
  law binding to them in the application of it to their particular
  cases。
  125。 Secondly; in the state of Nature there wants a known and
  indifferent judge; with authority to determine all differences
  according to the established law。 For every one in that state being
  both judge and executioner of the law of Nature; men being partial
  to themselves; passion and revenge is very apt to carry them too
  far; and with too much heat in their own cases; as well as
  negligence and unconcernedness; make them too remiss in other men's。
  126。 Thirdly; in the state of Nature there often wants power to back
  and support the sentence when right; and to give it due execution。
  They who by any injustice offended will seldom fail where they are
  able by force to make good their injustice。 Such resistance many times
  makes the punishment dangerous; and frequently destructive to those
  who attempt it。
  127。 Thus mankind; notwithstanding all the privileges of the state
  of Nature; being but in an ill condition while they remain in it are
  quickly driven into society。 Hence it comes to pass; that we seldom
  find any number of men live any time together in this state。 The
  inconveniencies that they are therein exposed to by the irregular
  and uncertain exercise of the power every man has of punishing the
  transgressions of others; make them take sanctuary under the
  established laws of government; and therein seek the preservation of
  their property。 It is this that makes them so willingly give up
  every one his single power of punishing to be exercised by such
  alone as shall be appointed to it amongst them; and by such rules as
  the community; or those authorised by them