second treatise of government-及17嫗
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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
authority�察 �cannot assume to its self a power to rule by extemporary arbitrary decrees�察�but is bound to dispense justice�察�and decide the rights of the subject by promulgated standing laws�察�and known authorized judges�此�for the law of nature being unwritten�察�and so no where to be found but in the minds of men�察�they who through passion or interest shall miscite�察�or misapply it�察�cannot so easily be convinced of their mistake where there is no established judge�此�and so it serves not�察�as it ought�察�to determine the rights�察�and fence the properties of those that live under it�察�especially where every one is judge�察�interpreter�察�and executioner of it too�察�and that in his own case�此�and he that has right on his side�察�having ordinarily but his own single strength�察 �hath not force enough to defend himself from injuries�察�or to punish delinquents。 To avoid these inconveniences�察�which disorder men's propperties in the state of nature�察�men unite into societies�察�that they may have the united strength of the whole society to secure and defend their properties�察�and may have standing rules to bound it�察�by which every one may know what is his。 To this end it is that men give up all their natural power to the society which they enter into�察�and the community put the legislative power into such hands as they think fit�察�with this trust�察�that they shall be governed by declared laws�察�or else their peace�察�quiet�察�and property will still be at the same uncertainty�察�as it was in the state of nature。 ��*Human laws are measures in respect of men whose actions they must direct�察�howbeit such measures they are as have also their higher rules to be measured by�察�which rules are two�察�the law of God�察�and the law of nature�察�so that laws human must be made according to the general laws of nature�察�and without contradiction to any positive law of scripture�察�otherwise they are ill made。 Hooker's Eccl。 Pol。 l。 iii。 sect。 9。 To constrain men to any thing inconvenient cloth seem unreasonable。 Ibid。 l。 i。 sect。 10。�� Sec。 137。 Absolute arbitrary power�察�or governing without settled standing laws�察�can neither of them consist with the ends of society and government�察�which men would not quit the freedom of the state of nature for�察�and tie themselves up under�察�were it not to preserve their lives�察�liberties and fortunes�察�and by stated rules of right and property to secure their peace and quiet。 It cannot be supposed that they should intend�察�had they a
power so to do�察�to give to any one�察�or more�察�an absolute arbitrary power over their persons and estates�察�and put a force into the magistrate's hand to execute his unlimited will arbitrarily upon them。 This were to put themselves into a worse condition than the state of nature�察�wherein they had a liberty to defend their right against the injuries of others�察�and were upon equal terms of force to maintain it�察�whether invaded by a single man�察�or many in combination。 Whereas by supposing they have given up themselves to the absolute arbitrary power and will of a legislator�察�they have disarmed themselves�察�and armed him�察�to make a prey of them when he pleases�察�he being in a much worse condition�察�who is exposed to the arbitrary power of one man�察�who has the command of 100��000�察�than he that is exposed to the arbitrary power of 100��000 single men�察�no body being secure�察�that his will�察�who has such a command�察�is better than that of other men�察�though his force be 100��000 times stronger。 And therefore�察 �whatever form the common´wealth is under�察�the ruling power ought to govern by declared and received laws�察�and not by extemporary dictates and undetermined resolutions�此�for then mankind will be in a far worse condition than in the state of nature�察�if they shall have armed one�察�or a few men with the joint power of a multitude�察�to force them to obey at pleasure the exorbitant and unlimited decrees of their sudden thoughts�察�or unrestrained�察�and till that moment unknown wills�察�without having any measures set down which may guide and justify their actions�此�for all the power the government has�察�being only for the good of the society�察�as it ought not to be arbitrary and at pleasure�察�so it ought to be exercised by established and promulgated laws�察�that both the people may know their duty�察�and be safe and secure within the limits of the law�察�and the rulers too kept within their bounds�察 �and not be tempted�察�by the power they have in their hands�察�to employ it to such purposes�察�and by such measures�察�as they would not have known�察�and own not willingly。 Sec。 138。 Thirdly�察�The supreme power cannot take from any man any part of his property without his own consent�此�for the preservation of property being the end of government�察�and that for which men enter into society�察�it necessarily supposes and requires�察�that the people should have property�察�without which they must be supposed to lose that�察�by entering into society�察 �which was the end for which they entered into it�察�too gross an absurdity for any man to own。 Men therefore in society having property�察�they have such a right to the goods�察�which by the law of the community are their's�察�that no body hath a right to take their substance or any part of it from them�察�without their own consent�此�without this they have no property at all�察�for I have truly no property in that�察�which another can by right take from me�察�when he pleases�察�against my consent。 Hence it is a mistake to think�察�that the supreme or legislative power of any common´ wealth�察�can do what it will�察�and dispose of the estates of the subject arbitrarily�察�or take any part of them at pleasure。 This is not much to be feared in governments where the legislative consists�察�wholly or in part�察�in assemblies which are variable�察 �whose members�察�upon the dissolution of the assembly�察�are subjects under the common laws of their country�察�equally with the rest。 But in governments�察�where the legislative is in one lasting assembly always in being�察�or in one man�察�as in absolute monarchies�察�there is danger still�察�that they will think themselves to have a distinct interest from the rest of the community�察�and so will be apt to increase their own riches and power�察�by taking what they think fit from the people�此�for a man's property is not at all secure�察�tho' there be good and equitable laws to set the bounds of it between him and his fellow subjects�察 �if he who commands those subjects have power to take from any private man�察�what part he pleases of his property�察�and use and dispose of it as he thinks good。 Sec。 139。 But government�察�into whatsoever hands it is put�察�
being�察�as I have before shewed�察�intrusted with this condition�察 �and for this end�察�that men might have and secure their properties�察�the prince�察�or senate�察�however it may have power to make laws�察�for the regulating of property between the subjects one amongst another�察�yet can never have a power to take to themselves the whole�察�or any part of the subjects property�察 �without their own consent�此�for this would be in effect to leave them no property at all。 And to let us see�察�that even absolute power�察�where it is necessary�察�is not arbitrary by being absolute�察 �but is still limited by that reason�察�and confined to those ends�察 �which required it in some cases to be absolute�察�we need look no farther than the common practice of martial discipline�此�for the preservation of the army�察�and in it of the whole common´wealth�察 �requires an absolute obedience to the command of every superior officer�察�and it is justly death to disobey or dispute the most dangerous or unreasonable of them�察�but yet we see�察�that neither the serjeant�察�that could command a soldier to march up to the mouth of a cannon�察�or stand in a breach�察�where he is almost sure to perish�察�can command that soldier to give him one penny of his money�察�nor the general�察�that can condemn him to death for deserting his post�察�or for not obeying the most desperate orders�察 �can yet�察�with all his absolute power of life and death�察�dispose of one farthing of that soldier's estate�察�or seize one jot of his goods�察�whom yet he can command any thing�察�and hang for the least disobedience�察�because such a blind obedience is necessary to that end�察�for which the commander has his power�察�viz。 the preservation of the rest�察�but the disposing of his goods has nothing to do with it。 Sec。 140。 It is true�察�governments cannot be supported without great charge�察�and it is fit every one who enjoys his share of the protection�察�should pay out of his estate his proportion for the maintenance of it。 But still it must be with his own consent�察�i。e。 the consent of the majority�察�giving it either by themselves�察�or their representatives chosen by them�此 �for if any one shall claim a power to lay and levy taxes on the people�察�by his own authority�察�and without such consent of the people�察�he thereby invades the fundamental law of property�察�and subverts the end of government�此�for what property have I in that�察 �which another may by right take�察�when he pleases�察�to himself�拭 �Sec。 141。 Fourthly�察�The legislative cannot transfer the power of making laws to any other hands�此�for it being but a delegated power from the people�察�they who have it cannot pass it over to others。 The people alone can appoint the form of the common´wealth�察�which is by constituting the legislative�察�and appointing in whose hands that shall be。 And when the people have said�察�We will submit to rules�察�and be governed by laws made by such men�察�and in such forms�察�no body else can say other men shall make laws for them�察�nor can the people be bound by any laws�察�but such as are enacted by those whom they have chosen�察�and authorized to make laws for them。 The power of the legislative�察 �being derived from the people by a positive voluntary grant and institution�察�can be no other than what that positive grant conveyed�察�which being only to make laws�察�and not to make legislators�察�the legislative can have no power to transfer their authority of making laws�察�and place it in other hands。 Sec。 142。 These are the bounds which the trust�察�that is put in them by the society�察�and the law of God and nature�察�have set to the legislative power of every common´wealth�察�in all forms of government。 First�察�They are to govern by promulgated established laws�察 �not to be varied in particular cases�察�but to have one rule for rich and poor�察�for the favourite at court�察�and the country man at plough。 Secondly�察�These laws also ought to be designed for no other end ultimately�察�but the good of the people。 Thirdly�察�They must not raise taxes on the property of the
people�察�without the consent of the people�察�given by themselves�察 �or their deputies。 And this properly concerns only such governments where the legislative is always in being�察�or at least where the people have not reserved any part of the legislative to deputies�察�to be from time to time chosen by themselves。 Fourthly�察�The legislative neither must nor can transfer the power of making laws to any body else�察�or place it any where�察�but where the people have。
CHAP。 XII。
Of the Legislative�察�Executive�察�and Federative Power of the Common´wealth。
Sec。 143。 THE legislative power