握握弌傍利 > 凪麿窮徨慕 > second treatise of government >

及17嫗

second treatise of government-及17嫗

弌傍�� second treatise of government 忖方�� 耽匈3500忖

梓囚徒貧圭�鮗� ○ 賜 ★ 辛酔堀貧和鍬匈��梓囚徒貧議 Enter 囚辛指欺云慕朕村匈��梓囚徒貧圭�鮗� ● 辛指欺云匈競何��
!!!!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 

卦指朕村 貧匯匈 和匯匈 指欺競何 壘��3�� 家��1��

低辛嬬浪散議