second treatise of government-第4节
按键盘上方向键 ← 或 → 可快速上下翻页,按键盘上的 Enter 键可回到本书目录页,按键盘上方向键 ↑ 可回到本页顶部!
————未阅读完?加入书签已便下次继续阅读!
n he had me in his power; take away every thing else。 And therefore it is lawful for me to treat him as one who has put himself into a state of war with me; i。e。 kill him if I can; for to that hazard does he justly expose himself; whoever introduces a state of war; and is aggressor in it。 Sec。 19。 And here we have the plain difference between the state of nature and the state of war; which however some men have confounded; are as far distant; as a state of peace; good will; mutual assistance and preservation; and a state of enmity; malice; violence and mutual destruction; are one from another。 Men living together according to reason; without a common superior on earth; with authority to judge between them; is properly the state of nature。 But force; or a declared design of force; upon the person of another; where there is no common superior on earth to appeal to for relief; is the state of war: and it is the want of such an appeal gives a man the right of war even against an aggressor; tho' he be in society and a fellow subject。 Thus a thief; whom I cannot harm; but by appeal to the law; for having stolen all that I am worth; I may kill; when he sets on me to rob me but of my horse or coat; because the law; which was made for my preservation; where it cannot interpose to secure my life from present force; which; if lost; is capable of no reparation; permits me my own defence; and the right of war; a liberty to kill the aggressor; because the aggressor allows not time to appeal to our common judge; nor the decision of the law; for remedy in a case where the mischief may be irreparable。 Want of a common judge with authority; puts all men in a state of nature: force without right; upon a man's person; makes a state of war; both where there is; and is not; a common judge。 Sec。 20。 But when the actual force is over; the state of war ceases between those that are in society; and are equally on both sides subjected to the fair determination of the law; because then there lies open the remedy of appeal for the past injury; and to prevent future harm: but where no such appeal is; as in the state of nature; for want of positive laws; and judges with authority to appeal to; the state of war once begun; continues; with a right to the innocent party to destroy the other whenever he can; until the aggressor offers peace; and desires reconciliation on such terms as may repair any wrongs he has already done; and secure the innocent for the future; nay; where an appeal to the law; and constituted judges; lies open; but the remedy is denied by a manifest perverting of justice; and a barefaced wresting of the laws to protect or indemnify the violence or injuries of some men; or party of men; there it is hard to imagine any thing but a state of war: for wherever violence is used; and injury done; though by hands appointed to administer justice; it is still violence and injury; however coloured with the name; pretences; or forms of law; the end whereof being to protect and redress the innocent; by an unbiassed application of it; to all who are under it; wherever that is not bona fide done; war is made upon the sufferers; who having no appeal on earth to right them; they are left to the only remedy in such cases; an appeal to heaven。 Sec。 21。 To avoid this state of war (wherein there is no appeal but to heaven; and wherein every the least difference is apt to end; where there is no authority to decide between the contenders) is one great reason of men's putting themselves into society; and quitting the state of nature: for where there is an authority; a power on earth; from which relief can be had by appeal; there the continuance of the state of war is excluded; and the controversy is decided by that power。 Had there been any such court; any superior jurisdiction on earth; to determine the right between Jephtha and the Ammonites; they had never come to a state of war: but we see he was forced to appeal to heaven。 The Lord the Judge (says he) be judge this day between the children of Israel and the children of Ammon; Judg。 xi。 27。 and then prosecuting; and relying on his appeal; he leads out his army to battle: and therefore in such controversies; where the question is put; who shall be judge? It cannot be meant; who shall decide the controversy; every one knows what Jephtha here tells us; that the Lord the Judge shall judge。 Where there is no judge on earth; the appeal lies to God in heaven。 That question then cannot mean; who shall judge; whether another hath put himself in a state of war with me; and whether I may; as Jephtha did; appeal to heaven in it? of that I myself can only be judge in my own conscience; as I will answer it; at the great day; to the supreme judge of all men。
CHAP。 IV。
Of SLAVERY。
Sec。 22。 THE natural liberty of man is to be free from any superior power on earth; and not to be under the will or legislative authority of man; but to have only the law of nature for his rule。 The liberty of man; in society; is to be under no other legislative power; but that established; by consent; in the commonwealth; nor under the dominion of any will; or restraint of any law; but what that legislative shall enact; according to the trust put in it。 Freedom then is not what Sir Robert Filmer tells us; Observations; A。 55。 a liberty for every one to do what he lists; to live as he pleases; and not to be tied by any laws: but freedom of men under government is; to have a standing rule to live by; common to every one of that society; and made by the legislative power erected in it; a liberty to follow my own will in all things; where the rule prescribes not; and not to be subject to the inconstant; uncertain; unknown; arbitrary will of another man: as freedom of nature is; to be under no other restraint but the law of nature。 Sec。 23。 This freedom from absolute; arbitrary power; is so necessary to; and closely joined with a man's preservation; that he cannot part with it; but by what forfeits his preservation and life together: for a man; not having the power of his own life; cannot; by compact; or his own consent; enslave himself to any one; nor put himself under the absolute; arbitrary power of another; to take away his life; when he pleases。 No body can give more power than he has himself; and he that cannot take away his own life; cannot give another power over it。 Indeed; having by his fault forfeited his own life; by some act that deserves death; he; to whom he has forfeited it; may (when he has him in his power) delay to take it; and make use of him to his own service; and he does him no injury by it: for; whenever he finds the hardship of his slavery outweigh the value of his life; it is in his power; by resisting the will of his master; to draw on himself the death he desires。 Sec。 24。 This is the perfect condition of slavery; which is nothing else; but the state of war continued; between a lawful conqueror and a captive: for; if once compact enter between them; and make an agreement for a limited power on the one side; and obedience on the other; the state of war and slavery ceases; as long as the compact endures: for; as has been said; no man can; by agreement; pass over to another that which he hath not in himself; a power over his own life。 I confess; we find among the Jews; as well as other nations; that men did sell themselves; but; it is plain; this was only to drudgery; not to slavery: for; it is evident; the person sold was not under an absolute; arbitrary; despotical power: for the master could not have power to kill him; at any time; whom; at a certain time; he was obliged to let go free out of his service; and the master of such a servant was so far from having an arbitrary power over his life; that he could not; at pleasure; so much as maim him; but the loss of an eye; or tooth; set him free; Exod。 xxi。
CHAP。 V。
Of PROPERTY。
Sec。 25。 Whether we consider natural reason; which tells us; that men; being once born; have a right to their preservation; and consequently to meat and drink; and such other things as nature affords for their subsistence: or revelation; which gives us an account of those grants God made of the world to Adam; and to Noah; and his sons; it is very clear; that God; as king David says; Psal。 cxv。 16。 has given the earth to the children of men; given it to mankind in common。 But this being supposed; it seems to some a very great difficulty; how any one should ever come to have a property in any thing: I will not content myself to answer; that if it be difficult to make out property; upon a supposition that God gave the world to Adam; and his posterity in common; it is impossible that any man; but one universal monarch; should have any property upon a supposition; that God gave the world to Adam; and his heirs in succession; exclusive of all the rest of his posterity。 But I shall endeavour to shew; how men might come to have a property in several parts of that which God gave to mankind in common; an