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