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concerning civil government-第31章

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for their good and the preservation of their property。 Now this power;

which every man has in the state of Nature; and which he parts with to

the society in all such cases where the society can secure him; is

to use such means for the preserving of his own property as he

thinks good and Nature allows him; and to punish the breach of the law

of Nature in others so as (according to the best of his reason) may

most conduce to the preservation of himself and the rest of mankind;

so that the end and measure of this power; when in every man's

hands; in the state of Nature; being the preservation of all of his

society… that is; all mankind in general… it can have no other end

or measure; when in the hands of the magistrate; but to preserve the

members of that society in their lives; liberties; and possessions;

and so cannot be an absolute; arbitrary power over their lives and

fortunes; which are as much as possible to be preserved; but a power

to make laws; and annex such penalties to them as may tend to the

preservation of the whole; by cutting off those parts; and those only;

which are so corrupt that they threaten the sound and healthy; without

which no severity is lawful。 And this power has its original only from

compact and agreement and the mutual consent of those who make up

the community。

  172。 Thirdly; despotical power is an absolute; arbitrary power one

man has over another; to take away his life whenever he pleases; and

this is a power which neither Nature gives; for it has made no such

distinction between one man and another; nor compact can convey。 For

man; not having such an arbitrary power over his own life; cannot give

another man such a power over it; but it is the effect only of

forfeiture which the aggressor makes of his own life when he puts

himself into the state of war with another。 For having quitted reason;

which God hath given to be the rule betwixt man and man; and the

peaceable ways which that teaches; and made use of force to compass

his unjust ends upon another where he has no right; he renders himself

liable to be destroyed by his adversary whenever he can; as any

other noxious and brutish creature that is destructive to his being。

And thus captives; taken in a just and lawful war; and such only;

are subject to a despotical power; which; as it arises not from

compact; so neither is it capable of any; but is the state of war

continued。 For what compact can be made with a man that is not

master of his own life? What condition can he perform? And if he be

once allowed to be master of his own life; the despotical; arbitrary

power of his master ceases。 He that is master of himself and his own

life has a right; too; to the means of preserving it; so that as

soon as compact enters; slavery ceases; and he so far quits his

absolute power and puts an end to the state of war who enters into

conditions with his captive。

  173。 Nature gives the first of these… viz。; paternal power to

parents for the benefit of their children during their minority; to

supply their want of ability and understanding how to manage their

property。 (By property I must be understood here; as in other

places; to mean that property which men have in their persons as

well as goods。) Voluntary agreement gives the second… viz。;

political power to governors; for the benefit of their subjects; to

secure them in the possession and use of their properties。 And

forfeiture gives the third… despotical power to lords for their own

benefit over those who are stripped of all property。

  174。 He that shall consider the distinct rise and extent; and the

different ends of these several powers; will plainly see that paternal

power comes as far short of that of the magistrate as despotical

exceeds it; and that absolute dominion; however placed; is so far from

being one kind of civil society that it is as inconsistent with it

as slavery is with property。 Paternal power is only where minority

makes the child incapable to manage his property; political where

men have property in their own disposal; and despotical over such as

have no property at all。

                             Chapter XVI

                             Of Conquest



  175。 THOUGH governments can originally have no other rise than

that before mentioned; nor polities be founded on anything but the

consent of the people; yet such have been the disorders ambition has

filled the world with; that in the noise of war; which makes so

great a part of the history of mankind; this consent is little taken

notice of; and; therefore; many have mistaken the force of arms for

the consent of the people; and reckon conquest as one of the originals

of government。 But conquest is as far from setting up any government

as demolishing a house is from building a new one in the place。

Indeed; it often makes way for a new frame of a commonwealth by

destroying the former; but; without the consent of the people; can

never erect a new one。

  176。 That the aggressor; who puts himself into the state of war with

another; and unjustly invades another man's right; can; by such an

unjust war; never come to have a right over the conquered; will be

easily agreed by all men; who will not think that robbers and

pirates have a right of empire over whomsoever they have force

enough to master; or that men are bound by promises which unlawful

force extorts from them。 Should a robber break into my house; and;

with a dagger at my throat; make me seal deeds to convey my estate

to him; would this give him any title? Just such a title by his

sword has an unjust conqueror who forces me into submission。 The

injury and the crime is equal; whether committed by the wearer of a

crown or some petty villain。 The title of the offender and the

number of his followers make no difference in the offence; unless it

be to aggravate it。 The only difference is; great robbers punish

little ones to keep them in their obedience; but the great ones are

rewarded with laurels and triumphs; because they are too big for the

weak hands of justice in this world; and have the power in their own

possession which should punish offenders。 What is my remedy against

a robber that so broke into my house? Appeal to the law for justice。

But perhaps justice is denied; or I am crippled and cannot stir;

robbed; and have not the means to do it。 If God has taken away all

means of seeking remedy; there is nothing left but patience。 But my

son; when able; may seek the relief of the law; which I am denied;

he or his son may renew his appeal till he recover his right。 But

the conquered; or their children; have no court… no arbitrator on

earth to appeal to。 Then they may appeal; as Jephtha did; to Heaven;

and repeat their appeal till they have recovered the native right of

their ancestors; which was to have such a legislative over them as the

majority should approve and freely acquiesce in。 If it be objected

this would cause endless trouble; I answer; no more than justice does;

where she lies open to all that appeal to her。 He that troubles his

neighbour without a cause is punis
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