第 18 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  alone as shall be appointed to it amongst them; and by such rules as
  the community; or those authorised by them to that purpose; shall
  agree on。 And in this we have the original right and rise of both
  the legislative and executive power as well as of the governments
  and societies themselves。
  128。 For in the state of Nature to omit the liberty he has of
  innocent delights; a man has two powers。 The first is to do whatsoever
  he thinks fit for the preservation of himself and others within the
  permission of the law of Nature; by which law; common to them all;
  he and all the rest of mankind are one community; make up one
  society distinct from all other creatures; and were it not for the
  corruption and viciousness of degenerate men; there would be no need
  of any other; no necessity that men should separate from this great
  and natural community; and associate into lesser combinations。 The
  other power a man has in the state of Nature is the power to punish
  the crimes committed against that law。 Both these he gives up when
  he joins in a private; if I may so call it; or particular political
  society; and incorporates into any commonwealth separate from the rest
  of mankind。
  129。 The first power… viz。; of doing whatsoever he thought fit for
  the preservation of himself and the rest of mankind; he gives up to be
  regulated by laws made by the society; so far forth as the
  preservation of himself and the rest of that society shall require;
  which laws of the society in many things confine the liberty he had by
  the law of Nature。
  130。 Secondly; the power of punishing he wholly gives up; and
  engages his natural force; which he might before employ in the
  execution of the law of Nature; by his own single authority; as he
  thought fit; to assist the executive power of the society as the law
  thereof shall require。 For being now in a new state; wherein he is
  to enjoy many conveniencies from the labour; assistance; and society
  of others in the same community; as well as protection from its
  whole strength; he is to part also with as much of his natural
  liberty; in providing for himself; as the good; prosperity; and safety
  of the society shall require; which is not only necessary but just;
  since the other members of the society do the like。
  131。 But though men when they enter into society give up the
  equality; liberty; and executive power they had in the state of Nature
  into the hands of the society; to be so far disposed of by the
  legislative as the good of the society shall require; yet it being
  only with an intention in every one the better to preserve himself;
  his liberty and property (for no rational creature can be supposed
  to change his condition with an intention to be worse); the power of
  the society or legislative constituted by them can never be supposed
  to extend farther than the common good; but is obliged to secure every
  one's property by providing against those three defects above
  mentioned that made the state of Nature so unsafe and uneasy。 And
  so; whoever has the legislative or supreme power of any
  commonwealth; is bound to govern by established standing laws;
  promulgated and known to the people; and not by extemporary decrees;
  by indifferent and upright judges; who are to decide controversies
  by those laws; and to employ the force of the community at home only
  in the execution of such laws; or abroad to prevent or redress foreign
  injuries and secure the community from inroads and invasion。 And all
  this to be directed to no other end but the peace; safety; and
  public good of the people。
  Chapter X
  Of the Forms of a Commonwealth
  132。 THE majority having; as has been showed; upon men's first
  uniting into society; the whole power of the community naturally in
  them; may employ all that power in making laws for the community
  from time to time; and executing those laws by officers of their own
  appointing; and then the form of the government is a perfect
  democracy; or else may put the power of making laws into the hands
  of a few select men; and their heirs or successors; and then it is
  an oligarchy; or else into the hands of one man; and then it is a
  monarchy; if to him and his heirs; it is a hereditary monarchy; if
  to him only for life; but upon his death the power only of
  nominating a successor; to return to them; an elective monarchy。 And
  so accordingly of these make compounded and mixed forms of government;
  as they think good。 And if the legislative power be at first given
  by the majority to one or more persons only for their lives; or any
  limited time; and then the supreme power to revert to them again; when
  it is so reverted the community may dispose of it again anew into what
  hands they please; and so constitute a new form of government; for the
  form of government depending upon the placing the supreme power; which
  is the legislative; it being impossible to conceive that an inferior
  power should prescribe to a superior; or any but the supreme make
  laws; according as the power of making laws is placed; such is the
  form of the commonwealth。
  133。 By 〃commonwealth〃 I must be understood all along to mean not
  a democracy; or any form of government; but any independent
  community which the Latins signified by the word civitas; to which the
  word which best answers in our language is 〃commonwealth;〃 and most
  properly expresses such a society of men which 〃community〃 does not
  (for there may be subordinate communities in a government); and 〃city〃
  much less。 And therefore; to avoid ambiguity; I crave leave to use the
  word 〃commonwealth〃 in that sense; in which sense I find the word used
  by King James himself; which I think to be its genuine
  signification; which; if anybody dislike; I consent with him to change
  it for a better。
  Chapter XI
  Of the Extent of the Legislative Power
  134。 THE great end of men's entering into society being the
  enjoyment of their properties in peace and safety; and the great
  instrument and means of that being the laws established in that
  society; the first and fundamental positive law of all commonwealths
  is the establishing of the legislative power; as the first and
  fundamental natural law which is to govern even the legislative。
  Itself is the preservation of the society and (as far as will
  consist with the public good) of every person in it。 This
  legislative is not only the supreme power of the commonwealth; but
  sacred and unalterable in the hands where the community have once
  placed it。 Nor can any edict of anybody else; in what form soever
  conceived; or by what power soever backed; have the force and
  obligation of a law which has not its sanction from that legislative
  which the public has chosen and appointed; for without this the law
  could not have that which is absolutely necessary to its being a
  law; the consent of the society; over whom nobody can have a power
  to make laws* but by their own consent and by authority received
  from them; and therefore all the obedience; which by the most solemn
  ties any one can be obliged to pay; ultimately terminates in this
  supreme power; and is directed by those laws which it enacts。 Nor
  can any oaths to any foreign power whatsoever; or any domestic
  subordinate power; discharge any member of the society from his
  obedience to the legislative; acting pursuant to their trust; nor
  oblige him to any obedience contrary to the laws so enacted or farther
  than they do allow; it being ridiculous to imagine one can be tied
  ultimately to obey any power in the society which is not the supreme。
  * 〃The lawful power of making laws to command whole politic
  societies of men; belonging so properly unto the same entire
  societies; that for any prince or potentate; of what kind soever
  upon earth; to exercise the same of himself; and not by express
  commission immediately and personally received from God; or else by
  authority derived at the first from their consent; upon whose
  persons they impose laws; it is no better than mere tyranny。 Laws they
  are not; therefore; which public approbation hath not made so。〃
  Hooker; ibid。 10。
  〃Of this point; therefore; we are to note that such men naturally
  have no full and perfect power to command whole politic multitudes
  of men; therefore utterly without our consent we could in such sort be
  at no man's commandment living。 And to be commanded; we do consent
  when that society; whereof we be a part; hath at any time before
  consented; without revoking the same after by the like universal
  agreement。
  〃Laws therefore human; of what kind soever; are available by
  consent。〃 Hooker; Ibid。
  135。 Though the legislative; whether placed in one or more;
  whether it be always in being or only by intervals; though it be the
  supreme power in every commonwealth; yet; first; it is not; nor can
  possibly be; absolutely arbitrary over the lives and fortunes of the
  people。 For it being but the joint power of every member of the
  society given up to that person or assembly which is legislator; it
  can be no mo