第 23 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  numerous; and so too slow for the dispatch requisite to execution; and
  because; also; it is impossible to foresee and so by laws to provide
  for all accidents and necessities that may concern the public; or make
  such laws as will do no harm; if they are executed with an
  inflexible rigour on all occasions and upon all persons that may
  come in their way; therefore there is a latitude left to the executive
  power to do many things of choice which the laws do not prescribe。
  161。 This power; whilst employed for the benefit of the community
  and suitably to the trust and ends of the government; is undoubted
  prerogative; and never is questioned。 For the people are very seldom
  or never scrupulous or nice in the point or questioning of prerogative
  whilst it is in any tolerable degree employed for the use it was
  meant… that is; the good of the people; and not manifestly against it。
  But if there comes to be a question between the executive power and
  the people about a thing claimed as a prerogative; the tendency of the
  exercise of such prerogative; to the good or hurt of the people;
  will easily decide that question。
  162。 It is easy to conceive that in the infancy of governments; when
  commonwealths differed little from families in number of people;
  they differed from them too but little in number of laws; and the
  governors being as the fathers of them; watching over them for their
  good; the government was almost all prerogative。 A few established
  laws served the turn; and the discretion and care of the ruler suppled
  the rest。 But when mistake or flattery prevailed with weak princes; to
  make use of this power for private ends of their own and not for the
  public good; the people were fain; by express laws; to get prerogative
  determined in those points wherein they found disadvantage from it;
  and declared limitations of prerogative in those cases which they
  and their ancestors had left in the utmost latitude to the wisdom of
  those princes who made no other but a right use of it… that is; for
  the good of their people。
  163。 And therefore they have a very wrong notion of government who
  say that the people have encroached upon the prerogative when they
  have got any part of it to be defined by positive laws。 For in so
  doing they have not pulled from the prince anything that of right
  belonged to him; but only declared that that power which they
  indefinitely left in his or his ancestors' hands; to be exercised
  for their good; was not a thing they intended him; when he used it
  otherwise。 For the end of government being the good of the
  community; whatsoever alterations are made in it tending to that end
  cannot be an encroachment upon anybody; since nobody in government can
  have a right tending to any other end; and those only are
  encroachments which prejudice or hinder the public good。 Those who say
  otherwise speak as if the prince had a distinct and separate
  interest from the good of the community; and was not made for it;
  the root and source from which spring almost all those evils and
  disorders which happen in kingly governments。 And indeed; if that be
  so; the people under his government are not a society of rational
  creatures; entered into a community for their mutual good; such as
  have set rulers over themselves; to guard and promote that good; but
  are to be looked on as a herd of inferior creatures under the dominion
  of a master; who keeps them and works them for his own pleasure or
  profit。 If men were so void of reason and brutish as to enter into
  society upon such terms; prerogative might indeed be; what some men
  would have it; an arbitrary power to do things hurtful to the people。
  164。 But since a rational creature cannot be supposed; when free; to
  put himself into subjection to another for his own harm (though
  where he finds a good and a wise ruler he may not; perhaps; think it
  either necessary or useful to set precise bounds to his power in all
  things); prerogative can be nothing but the people's permitting
  their rulers to do several things of their own free choice where the
  law was silent; and sometimes too against the direct letter of the
  law; for the public good and their acquiescing in it when so done。 For
  as a good prince; who is mindful of the trust put into his hands and
  careful of the good of his people; cannot have too much prerogative…
  that is; power to do good; so a weak and ill prince; who would claim
  that power his predecessors exercised; without the direction of the
  law; as a prerogative belonging to him by right of his office; which
  he may exercise at his pleasure to make or promote an interest
  distinct from that of the public; gives the people an occasion to
  claim their right and limit that power; which; whilst it was exercised
  for their good; they were content should be tacitly allowed。
  165。 And therefore he that will look into the history of England
  will find that prerogative was always largest in the hands of our
  wisest and best princes; because the people observing the whole
  tendency of their actions to be the public good; or if any human
  frailty or mistake (for princes are but men; made as others)
  appeared in some small declinations from that end; yet it was
  visible the main of their conduct tended to nothing but the care of
  the public。 The people; therefore; finding reason to be satisfied with
  these princes; whenever they acted without; or contrary to the
  letter of the law; acquiesced in what they did; and without the
  least complaint; let them enlarge their prerogative as they pleased;
  judging rightly that they did nothing herein to the prejudice of their
  laws; since they acted conformably to the foundation and end of all
  laws… the public good。
  166。 Such God…like princes; indeed; had some title to arbitrary
  power by that argument that would prove absolute monarchy the best
  government; as that which God Himself governs the universe by; because
  such kings partake of His wisdom and goodness。 Upon this is founded
  that saying; 〃That the reigns of good princes have been always most
  dangerous to the liberties of their people。〃 For when their
  successors; managing the government with different thoughts; would
  draw the actions of those good rulers into precedent and make them the
  standard of their prerogative… as if what had been done only for the
  good of the people was a right in them to do for the harm of the
  people; if they so pleased… it has often occasioned contest; and
  sometimes public disorders; before the people could recover their
  original right and get that to be declared not to be prerogative which
  truly was never so; since it is impossible anybody in the society
  should ever have a right to do the people harm; though it be very
  possible and reasonable that the people should not go about to set any
  bounds to the prerogative of those kings or rulers who themselves
  transgressed not the bounds of the public good。 For 〃prerogative is
  nothing but the power of doing public good without a rule。〃
  167。 The power of calling parliaments in England; as to precise
  time; place; and duration; is certainly a prerogative of the king; but
  still with this trust; that it shall be made use of for the good of
  the nation as the exigencies of the times and variety of occasion
  shall require。 For it being impossible to foresee which should
  always be the fittest place for them to assemble in; and what the best
  season; the choice of these was left with the executive power; as
  might be best subservient to the public good and best suit the ends of
  parliament。
  168。 The old question will be asked in this matter of prerogative;
  〃But who shall be judge when this power is made a right use of?〃 I
  answer: Between an executive power in being; with such a
  prerogative; and a legislative that depends upon his will for their
  convening; there can be no judge on earth。 As there can be none
  between the legislative and the people; should either the executive or
  the legislative; when they have got the power in their hands;
  design; or go about to enslave or destroy them; the people have no
  other remedy in this; as in all other cases where they have no judge
  on earth; but to appeal to Heaven; for the rulers in such attempts;
  exercising a power the people never put into their hands; who can
  never be supposed to consent that anybody should rule over them for
  their harm; do that which they have not a right to do。 And where the
  body of the people; or any single man; are deprived of their right; or
  are under the exercise of a power without right; having no appeal on
  earth they have a liberty to appeal to Heaven whenever they judge
  the cause of sufficient moment。 And therefore; though the people
  cannot be judge; so as to have; by the constitution of that society;
  any superior power to determine and give effective sentence in the
  case; yet they have reserved that ultimate determination to themselves
  which belongs to all mankind; where there lies no appeal on earth;
  by a law antecedent and paramount to all positive laws of men; whether
  they have just cause to make their appeal to Heaven。 And this
  judgeme