第 34 节
作者:
打倒一切 更新:2021-02-21 15:40 字数:2838
241。 But; farther; this question; Who shall be judge? cannot mean
that there is no judge at all。 For where there is no judicature on
earth to decide controversies amongst men; God in heaven is judge。
He alone; it is true; is judge of the right。 But every man is judge
for himself; as in all other cases so in this; whether another hath
put himself into a state of war with him; and whether he should appeal
to the supreme judge; as Jephtha did。
242。 If a controversy arise betwixt a prince and some of the
people in a matter where the law is silent or doubtful; and the
thing be of great consequence; I should think the proper umpire in
such a case should be the body of the people。 For in such cases
where the prince hath a trust reposed in him; and is dispensed from
the common; ordinary rules of the law; there; if any men find
themselves aggrieved; and think the prince acts contrary to; or beyond
that trust; who so proper to judge as the body of the people (who at
first lodged that trust in him) how far they meant it should extend?
But if the prince; or whoever they be in the administration; decline
that way of determination; the appeal then lies nowhere but to Heaven。
Force between either persons who have no known superior on earth or;
which permits no appeal to a judge on earth; being properly a state of
war; wherein the appeal lies only to heaven; and in that state the
injured party must judge for himself when he will think fit to make
use of that appeal and put himself upon it。
243。 To conclude。 The power that every individual gave the society
when he entered into it can never revert to the individuals again;
as long as the society lasts; but will always remain in the community;
because without this there can be no community… no commonwealth; which
is contrary to the original agreement; so also when the society hath
placed the legislative in any assembly of men; to continue in them and
their successors; with direction and authority for providing such
successors; the legislative can never revert to the people whilst that
government lasts: because; having provided a legislative with power to
continue for ever; they have given up their political power to the
legislative; and cannot resume it。 But if they have set limits to
the duration of their legislative; and made this supreme power in
any person or assembly only temporary; or else when; by the
miscarriages of those in authority; it is forfeited; upon the
forfeiture of their rulers; or at the determination of the time set;
it reverts to the society; and the people have a right to act as
supreme; and continue the legislative in themselves or place it in a
new form; or new hands; as they think good。
THE END
。