第 25 节
作者:
打倒一切 更新:2021-02-21 15:39 字数:9322
weak hands of justice in this world; and have the power in their own
possession which should punish offenders。 What is my remedy against
a robber that so broke into my house? Appeal to the law for justice。
But perhaps justice is denied; or I am crippled and cannot stir;
robbed; and have not the means to do it。 If God has taken away all
means of seeking remedy; there is nothing left but patience。 But my
son; when able; may seek the relief of the law; which I am denied;
he or his son may renew his appeal till he recover his right。 But
the conquered; or their children; have no court… no arbitrator on
earth to appeal to。 Then they may appeal; as Jephtha did; to Heaven;
and repeat their appeal till they have recovered the native right of
their ancestors; which was to have such a legislative over them as the
majority should approve and freely acquiesce in。 If it be objected
this would cause endless trouble; I answer; no more than justice does;
where she lies open to all that appeal to her。 He that troubles his
neighbour without a cause is punished for it by the justice of the
court he appeals to。 And he that appeals to Heaven must be sure he has
right on his side; and a right; too; that is worth the trouble and
cost of the appeal; as he will answer at a tribunal that cannot be
deceived; and will be sure to retribute to every one according to
the mischiefs he hath created to his fellow…subjects… that is; any
part of mankind。 From whence it is plain that he that conquers in an
unjust war can thereby have no title to the subjection and obedience
of the conquered。
177。 But supposing victory favours the right side; let us consider a
conqueror in a lawful war; and see what power he gets; and over whom。
First; it is plain he gets no power by his conquest over those
that conquered with him。 They that fought on his side cannot suffer by
the conquest; but must; at least; be as much free men as they were
before。 And most commonly they serve upon terms; and on condition to
share with their leader; and enjoy a part of the spoil and other
advantages that attend the conquering sword; or; at least; have a part
of the subdued country bestowed upon them。 And the conquering people
are not; I hope; to be slaves by conquest; and wear their laurels only
to show they are sacrifices to their leader's triumph。 They that found
absolute monarchy upon the title of the sword make their heroes; who
are the founders of such monarchies; arrant 〃draw…can…sirs;〃 and
forget they had any officers and soldiers that fought on their side in
the battles they won; or assisted them in the subduing; or shared in
possessing the countries they mastered。 We are told by some that the
English monarchy is founded in the Norman Conquest; and that our
princes have thereby a title to absolute dominion; which; if it were
true (as by the history it appears otherwise); and that William had
a right to make war on this island; yet his dominion by conquest could
reach no farther than to the Saxons and Britons that were then
inhabitants of this country。 The Normans that came with him and helped
to conquer; and all descended from them; are free men and no
subjects by conquest; let that give what dominion it will。 And if I or
anybody else shall claim freedom as derived from them; it will be very
hard to prove the contrary; and it is plain; the law that has made
no distinction between the one and the other intends not there
should be any difference in their freedom or privileges。
178。 But supposing; which seldom happens; that the conquerors and
conquered never incorporate into one people under the same laws and
freedom; let us see next what power a lawful conqueror has over the
subdued; and that I say is purely despotical。 He has an absolute power
over the lives of those who; by an unjust war; have forfeited them;
but not over the lives or fortunes of those who engaged not in the
war; nor over the possessions even of those who were actually
engaged in it。
179。 Secondly; I say; then; the conqueror gets no power but only
over those who have actually assisted; concurred; or consented to that
unjust force that is used against him。 For the people having given
to their governors no power to do an unjust thing; such as is to
make an unjust war (for they never had such a power in themselves);
they ought not to be charged as guilty of the violence and injustice
that is committed in an unjust war any farther than they actually abet
it; no more than they are to be thought guilty of any violence or
oppression their governors should use upon the people themselves or
any part of their fellow…subjects; they having empowered them no
more to the one than to the other。 Conquerors; it is true; seldom
trouble themselves to make the distinction; but they willingly
permit the confusion of war to sweep all together; but yet this alters
not the right; for the conqueror's power over the lives of the
conquered being only because they have used force to do or maintain an
injustice; he can have that power only over those who have concurred
in that force; all the rest are innocent; and he has no more title
over the people of that country who have done him no injury; and so
have made no forfeiture of their lives; than he has over any other
who; without any injuries or provocations; have lived upon fair
terms with him。
180。 Thirdly; the power a conqueror gets over those he overcomes
in a just war is perfectly despotical; he has an absolute power over
the lives of those who; by putting themselves in a state of war;
have forfeited them; but he has not thereby a right and title to their
possessions。 This I doubt not but at first sight will seem a strange
doctrine; it being so quite contrary to the practice of the world;
there being nothing more familiar in speaking of the dominion of
countries than to say such an one conquered it; as if conquest;
without any more ado; conveyed a right of possession。 But when we
consider that the practice of the strong and powerful; how universal
soever it may be; is seldom the rule of right; however it be one
part of the subjection of the conquered not to argue against the
conditions cut out to them by the conquering swords。
181。 Though in all war there be usually a complication of force
and damage; and the aggressor seldom fails to harm the estate when
he uses force against the persons of those he makes war upon; yet it
is the use of force only that puts a man into the state of war。 For
whether by force he begins the injury; or else having quietly and by
fraud done the injury; he refuses to make reparation; and by force
maintains it; which is the same thing as at first to have done it by
force; it is the unjust use of force that makes the war。 For he that
breaks open my house and violently turns me out of doors; or having
peaceably got in; by force keeps me out; does; in effect; the same
thing; supposing we are in such a state that we have no common judge
on earth whom I may appeal to; and to whom we are both obliged to
submit; for of such I am now speaking。 It is the unjust use of
force; then; that puts a man into the state of war with another; and
thereby he that is guilty of it makes a forfeiture of his life。 For
quitting reason; which is the rule given between man and man; and
using force; the way of beasts; he becomes liable to be destroyed by
him he uses force against; as any savage ravenous beast that is
dangerous to his being。
182。 But because the miscarriages of the father are no faults of the
children; who may be rational and peaceable; notwithstanding the
brutishness and injustice of the father; the father; by his
miscarriages and violence; can forfeit but his own life; and
involves not his children in his guilt or destruction。 His goods which
Nature; that willeth the preservation of all mankind as much as is
possible; hath made to belong to the children to keep them from
perishing; do still continue to belong to his children。 For
supposing them not to have joined in the war either through infancy or
choice; they have done nothing to forfeit them; nor has the
conqueror any right to take them away by the bare right of having
subdued him that by force attempted his destruction; though;
perhaps; he may have some right to them to repair the damages he has
sustained by the war; and the defence of his own right; which how
far it reaches to the possessions of the conquered we shall see
by…and…by; so that he that by conquest has a right over a man's
person; to destroy him if he pleases; has not thereby a right over his
estate to possess and enjoy it。 For it is the brutal force the
aggressor has used that gives his adversary a right to take away his
life and destroy him; if he pleases; as a noxious creature; but it
is damage sustained that alone gives him title to another man's goods;
for though I may kill a thief that sets on me in the highway; yet I
may not (which seems less) take away his money and let him go; this
would be robbery on my side。 His force; and the state of war he put
himself in; made him forfeit his li