太子爷小说网 > 英语电子书 > second treatise of government >

第4节

second treatise of government-第4节

小说: second treatise of government 字数: 每页4000字

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

返回目录 上一页 下一页 回到顶部 0 0

你可能喜欢的