第 27 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  under those who were forced to submit to the yoke of a government by
  constraint; have always a right to shake it off; and free themselves
  from the usurpation or tyranny the sword hath brought in upon them;
  till their rulers put them under such a frame of government as they
  willingly and of choice consent to (which they can never be supposed
  to do; till either they are put in a full state of liberty to choose
  their government and governors; or at least till they have such
  standing laws to which they have; by themselves or their
  representatives; given their free consent; and also till they are
  allowed their due property; which is so to be proprietors of what they
  have that nobody can take away any part of it without their own
  consent; without which; men under any government are not in the
  state of free men; but are direct slaves under the force of war)。
  And who doubts but the Grecian Christians; descendants of the
  ancient possessors of that country; may justly cast off the Turkish
  yoke they have so long groaned under; whenever they have a power to do
  it?
  193。 But granting that the conqueror; in a just war; has a right
  to the estates; as well as power over the persons of the conquered;
  which; it is plain; he hath not; nothing of absolute power will follow
  from hence in the continuance of the government。 Because the
  descendants of these being all free men; if he grants them estates and
  possessions to inhabit his country; without which it would be worth
  nothing; whatsoever he grants them they have so far as it is granted
  property in; the nature whereof is; that; without a man's own consent;
  it cannot be taken from him。
  194。 Their persons are free by a native right; and their properties;
  be they more or less; are their own; and at their own dispose; and not
  at his; or else it is no property。 Supposing the conqueror gives to
  one man a thousand acres; to him and his heirs for ever; to another he
  lets a thousand acres; for his life; under the rent of L50 or L500 per
  annum。 Has not the one of these a right to his thousand acres for
  ever; and the other during his life; paying the said rent? And hath
  not the tenant for life a property in all that he gets over and
  above his rent; by his labour and industry; during the said term;
  supposing it be double the rent? Can any one say; the king; or
  conqueror; after his grant; may; by his power of conqueror; take
  away all; or part of the land; from the heirs of one; or from the
  other during his life; he paying the rent? Or; can he take away from
  either the goods or money they have got upon the said land at his
  pleasure? If he can; then all free and voluntary contracts cease;
  and are void in the world; there needs nothing but power enough to
  dissolve them at any time; and all the grants and promises of men in
  power are but mockery and collusion。 For can there be anything more
  ridiculous than to say; I give you and yours this for ever; and that
  in the surest and most solemn way of conveyance can be devised; and
  yet it is to be understood that I have right; if I please; to take
  it away from you again to…morrow?
  195。 I will not dispute now whether princes are exempt from the laws
  of their country; but this I am sure; they owe subjection to the
  laws of God and Nature。 Nobody; no power can exempt them from the
  obligations of that eternal law。 Those are so great and so strong in
  the case of promises; that Omnipotency itself can be tied by them。
  Grants; promises; and oaths are bonds that hold the Almighty; whatever
  some flatterers say to princes of the world; who; all together; with
  all their people joined to them; are; in comparison of the great
  God; but as a drop of the bucket; or a dust on the balance…
  inconsiderable; nothing!
  196。 The short of the case in conquest; is this: The conqueror; if
  he have a just cause; has a despotical right over the persons of all
  that actually aided and concurred in the war against him; and a
  right to make up his damage and cost out of their labour and
  estates; so he injure not the right of any other。 Over the rest of the
  people; if there were any that consented not to the war; and over
  the children of the captives themselves or the possessions of either
  he has no power; and so can have; by virtue of conquest; no lawful
  title himself to dominion over them; or derive it to his posterity;
  but is an aggressor; and puts himself in a state of war against
  them; and has no better a right of principality; he; nor any of his
  successors; than Hingar; or Hubba; the Danes; had here in England;
  or Spartacus; had be conquered Italy; which is to have their yoke cast
  off as soon as God shall give those under their subjection courage and
  opportunity to do it。 Thus; notwithstanding whatever title the kings
  of Assyria had over Judah; by the sword; God assisted Hezekiah to
  throw off the dominion of that conquering empire。 〃And the Lord was
  with Hezekiah; and he prospered; wherefore he went forth; and he
  rebelled against the king of Assyria; and served him not〃 (II Kings
  18。 7)。 Whence it is plain that shaking off a power which force; and
  not right; hath set over any one; though it hath the name of
  rebellion; yet is no offence before God; but that which He allows
  and countenances; though even promises and covenants; when obtained by
  force; have intervened。 For it is very probable; to any one that reads
  the story of Ahaz and Hezekiah attentively; that the Assyrians subdued
  Ahaz; and deposed him; and made Hezekiah king in his father's
  lifetime; and that Hezekiah; by agreement; had done him homage; and
  paid him tribute till this time。
  Chapter XVII
  Of Usurpation
  197。 As conquest may be called a foreign usurpation; so usurpation
  is a kind of domestic conquest; with this difference… that an
  usurper can never have right on his side; it being no usurpation but
  where one is got into the possession of what another has right to。
  This; so far as it is usurpation; is a change only of persons; but not
  of the forms and rules of the government; for if the usurper extend
  his power beyond what; of right; belonged to the lawful princes or
  governors of the commonwealth; it is tyranny added to usurpation。
  198。 In all lawful governments the designation of the persons who
  are to bear rule being as natural and necessary a part as the form
  of the government itself; and that which had its establishment
  originally from the people… the anarchy being much alike; to have no
  form of government at all; or to agree that it shall be monarchical;
  yet appoint no way to design the person that shall have the power
  and be the monarch… all commonwealths; therefore; with the form of
  government established; have rules also of appointing and conveying
  the right to those who are to have any share in the public
  authority; and whoever gets into the exercise of any part of the power
  by other ways than what the laws of the community have prescribed hath
  no right to be obeyed; though the form of the commonwealth be still
  preserved; since he is not the person the laws have appointed; and;
  consequently; not the person the people have consented to。 Nor can
  such an usurper; or any deriving from him; ever have a title till
  the people are both at liberty to consent; and have actually
  consented; to allow and confirm in him the power he hath till then
  usurped。
  Chapter XVIII
  Of Tyranny
  199。 As usurpation is the exercise of power which another hath a
  right to; so tyranny is the exercise of power beyond right; which
  nobody can have a right to; and this is making use of the power any
  one has in his hands; not for the good of those who are under it;
  but for his own private; separate advantage。 When the governor;
  however entitled; makes not the law; but his will; the rule; and his
  commands and actions are not directed to the preservation of the
  properties of his people; but the satisfaction of his own ambition;
  revenge; covetousness; or any other irregular passion。
  200。 If one can doubt this to be truth or reason because it comes
  from the obscure hand of a subject; I hope the authority of a king
  will make it pass with him。 King James; in his speech to the
  Parliament; 16O3; tells them thus: 〃I will ever prefer the weal of the
  public and of the whole commonwealth; in making of good laws and
  constitutions; to any particular and private ends of mine; thinking
  ever the wealth and weal of the commonwealth to be my greatest weal
  and worldly felicity… a point wherein a lawful king doth directly
  differ from a tyrant; for I do acknowledge that the special and
  greatest point of difference that is between a rightful king and an
  usurping tyrant is this… that whereas the proud and ambitious tyrant
  doth think his kingdom and people are only ordained for satisfaction
  of his desires and unreasonable appetites; the righteous and just king
  doth; by the contrary; acknowledge himself to be ordained for the
  procuring of the wealth and property of his people。〃 And again; in his
  sp